Rajveer Singh vs State Of U.P. And 2 Others
2014 Latest Caselaw 6388 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 21
 
A.F.R.
 
Case :- WRIT - C No. - 49066 of 2014
 

 
Petitioner :- Rajveer Singh
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- N.N. Verma,Santosh Kumar Yadav
 
Counsel for Respondent :- C.S.C.,Arun Kumar Srivastava
 

 
Hon'ble Amreshwar Pratap Sahi,J.

Hon'ble Vivek Kumar Birla,J.

Heard learned counsel for the petitioner.

The petitioner was a fair price shop licence holder.  He voluntarily surrendered his licence described as a resignation.  The same was accepted on 27.5.2014.  These facts are undisputed. 

The petitioner contends that since his financial condition has now improved, therefore, the licence should now be revived. 

This plea is virtually a withdrawal of the abandonment made by the petitioner, which has been accepted on 27.5.2014. 

There is no provision under any Government Order for such restitution nor is  there any withdrawal theory available as in resignations, where it is unilateral  or bilateral, and can be invoked for the purpose of reviving a reinstatement before acceptance.  This being a pure contractual matter of a license arising out of the Essential Commodities Control orders, there is no occasion for the Court to invoke the extraordinary jurisdiction for a direction as prayed for by the petitioner.

There is no merit.  Rejected.

Order Date :- 11.9.2014

Anand Sri./-