Bhumani Deen vs State Of U.P. Thru Secy. And Others
2012 Latest Caselaw 5651 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - C No. - 56196 of 2012
 

 
Petitioner :- Bhumani Deen
 
Respondent :- State Of U.P. Thru Secy. And Others
 
Petitioner Counsel :- Vidya Bhushan Srivastava
 
Respondent Counsel :- C.S.C.,O.P.Chaubey
 

 
Hon'ble Vineet Saran,J.

Hon'ble Mushaffey Ahmad,J.

Heard learned counsel for the petitioner as well as learned Standing Counsel for the State-respondents and Shri O.P. Chaubey, learned counsel for the private-respondent No. 4 and perused the record.

On cancellation of the fair price shop dealership of respondent No. 4, the petitioner was subsequently awarded fair price shop dealership for the area in question. The order of cancellation passed against respondent No. 4 has been set aside in Writ Petition No. 1288 of 2010 vide judgement and order dated 12.08.2012. However, in the meantime, on 13.09.2011, the petitioner had been appointed as a fair price shop dealer. In pursuance of the order passed by the High Court setting aside the cancellation order, the dealership of respondent No. 4 has been restored and consequently by the impugned order dated 08.10.2012, the dealership awarded in favour of the petitioner has been withdrawn.

We do not find any illegality with the said order. Once the cancellation order passed against respondent No. 4 has been set aside, respondent No. 4 has to be restored back as a dealer and thus, there would be no vacancy. As such, the dealership awarded subsequently to the petitioner has to be cancelled.

The writ petition lacks merit and is accordingly dismissed. 

Order Date :- 20.11.2012

Sazia

( Mushaffey Ahmad, J )        ( Vineet Saran, J )