Case :- WRIT - C No. - 17954 of 2021 Petitioner :- Tarun Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Mishra Counsel for Respondent :- C.S.C.,Pradeep Singh
Hon'ble Siddhartha Varma,J.
Supplementary affidavit filed today be kept on record.
Heard learned counsel for the petitioner, Sri Pradeep Singh learned counsel for the Gaon Sabha and the learned Standing Counsel.
When, the licence of one Sri Chandan Kumar Rao was terminated on 17.8.2019, the petitioner was given the licence to run the fair price shop. However, when the High Court by its order dated 18.2.2021 quashed the order dated 17.8.2019 and the order dated 10.1.2020, the licence was restored to Sri Chandan Kumar Rao. Against the order of the High Court dated 18.2.2021, the petitioner has also filed a recall application on 16.3.2021.
Learned Standing Counsel, however, has submitted that after the licence of Chandan Kumar Rao had been restored the petitioner who was working by way of a stop gap arrangement as per the judgement of Supreme Court in Poonam vs. State of U.P. and Others : 2016 (2) SCC 779 could not file the instant writ petition. He, therefore, submits that even if the order of the learned Single Judge dated 18.2.2021 is recalled there is no vested right of the petitioner.
Under such circumstances, no interference is being made in the instant writ petition.
price shop dealer, the petitioner shall have the right to participate in the open meeting.
The writ petition is, accordingly, disposed of.
Order Date :- 20.9.2021 PK (Siddhartha Varma,J.)