Ramesh Chandra Mishra vs State Of U.P. & 2 Others
2015 Latest Caselaw 2833 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- WRIT - C No. - 33408 of 2015
 

 
Petitioner :- Ramesh Chandra Mishra
 
Respondent :- State Of U.P. & 2 Others
 
Counsel for Petitioner :- Praveen Kumar,Gaurav Singh
 
Counsel for Respondent :- C.S.C.,Brajesh Shukla
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Civil Misc. Recall Application No. 255557 of 2015

The recall application has been filed for recall of the order dated 29.05.2015 on the ground that the petitioner being a complainant is neither a necessary nor proper party  to the pending appeal no. 35 of 2013 filed by the applicant for setting aside the order of cancellation of fair price shop agreement. The contention in the recall application is that earlier a writ petition has been filed by the petitioner challenging the interim order dated 01.07.2015 passed by the Appellate Authority, namely Writ C No. 235 of 2014. It was dismissed not maintainable on the ground that the petitioner has no locus to challenge the order.

The present writ petition has been filed for a direction for early disposal of the appeal filed by the applicant.

Learned counsel for the petitioner has invited attention of the Court to  the order dated 06.02.2015 passed by the Appellate Court which indicates that on the application filed by the appellant therein, the objections of the petitioners have been invited.

The petitioner may not be necessary or proper party before this Court to challenge the order passed in appeal or the order passed by the Licencing Authority. However, it is well-settled that the complainant is  a proper party to the proceeding before the respondent authority.

No ground has been made for recall of the order.

It goes without saying that the appeal shall be decided by the Appellate Authority after hearing both the parties on each and every point raised by them before it.

The recall application is dismissed.

Order Date :- 30.9.2015

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