Smt. Usha Devi vs State Of U.P. And 3 Others
2014 Latest Caselaw 7594 ALL

Citation : 2014 Latest Caselaw 7594 ALL
Judgement Date : 15 October, 2014

Allahabad High Court

Smt. Usha Devi vs State Of U.P. And 3 Others on 15 October, 2014

Bench: Rajes Kumar, Shashi Kant




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - C No. - 53318 of 2014
 

 
Petitioner :- Smt. Usha Devi
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- V.K. Upadhyay,S.K. Upadhyay
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Shashi Kant,J.

The contention of the petitioner is that the petitioner was the only licencee of the fair price shop in a village Ratanpuri, Tehsil-Khatauli, District Muzaffar Nagar. His licence was cancelled on 20.12.2012, against which appeal no.16/12/13 has been allowed and the matter has been remanded back to the S.D.M. to decide the matter afresh in the light of the observation made in the order. The S.D.M. vide order dated 21.11.2013 again cancelled the licence of the petitioner, against which petitioner filed appeal no. 01/13/14 which has been allowed by the order dated 3.6.2014 and the order dated 21.11.2013 has been set aside. In pursuance thereof, the petitioner's licence has been restored. It appears that after the cancellation of the licence of the petitioner vide order dated 20.12.2012, as an interim measure the allotment has been settled in favour of Smt. Renu Devi. The appellate authority vide order dated 3.6.2014 has held that the allotment of the shop in favour of Smt. Renu Devi was disobedience of the interim order passed by the appellate authority. Against the said order, Smt. Renu Devi filed Writ Petition No. 33824 of 2014, which has been dismissed by the order dated 3.7.2014, therefore, the settlement of the shop in favour of Smt. Renu Devi has been held illegal. The grievance of the petitioner is that though the settlement of the shop in favour of Smt. Renu Devi has been held illegal still by the impugned order some of the ration card has been attached with Smt. Renu Devi while she does not hold a valid licence.

Prima, facie, the submission of learned counsel for the petitioner has a substance and requires consideration.

Learned Standing Counsel appearing on behalf of respondent nos. 1, 2 and 3 may file counter affidavit within four weeks.

Issue notice to respondent no. 4, returnable at an early date. The petitioner may take steps to serve the respondent no. 4 by registered post.

Until further order, the operation of the impugned order 25.6.2014 shall remain stayed so far as the allotment of ration card in favour of Smt. Renu Devi is concerned.

Order Date :- 15.10.2014