Rampal vs Joint Commissioner (Food) ...
2022 Latest Caselaw 11967 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 19
 

 
Case :- WRIT - C No. - 5325 of 2022
 

 
Petitioner :- Rampal
 
Respondent :- Joint Commissioner (Food) Lucknow Division, Lucknow And 2 Others
 
Counsel for Petitioner :- Prince Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Lavania,J.

Heard.

The present petition has been filed for the following main reliefs:-

"a) Issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 22/12/2021passed by the opposite party no.1 in Appeal no.-2896/2019 (Parwati vs. State of U.P. as contained as Annexure no. 1.

b) Issue a writ order or direction in the nature of mandamus commanding and directing the opposite parties to stop further proceeding in pursuance of imugned order dated 22/12/2021 passed by opposite party no. 1 in Appeal no. 2896/2019 ( Parwati vs. State of U.P.) and contained as annexure no.-1 to this writ petition."

On 18.08.2022 this Court has passed the following order:-

"Learned counsel for the petitioner prays for and is granted three days' time to file supplementary affidavit bringing on record the order of license for running the fair price shop in favour of the petitioner.

List this case in the next week, as fresh."

In compliance of earlier order dated 18.08.2022, no supplementary affidavit has been filed bringing on record the license/allotment order for running Fair Price Shop in favour of the petitioner.

It appears from the pleadings made in the writ petition as also the annexures annexed thereto that Fair Price Shop situated at Village Panchayat Rameshwarpur, Vikas Khand, Bijoa,Lakhimpur Kheri, was initially allotted to opposite party no. 3 Smt. Parwati w/o Shankar Singh and subsequently the license to run the Fair Price Shop in favour of opposite party no. 3, was suspended by the competent authority and thereafter vide its order dated 29.07.2019 the same was cancelled.

Being aggrieved, the opposite party no. 3 has approached the Appellate Forum on 25.11.2019. The appeal of the opposite party no. 3 was registered as Case No. 2896 of 2019. This appeal was allowed by the Joint Commissioner, Lucknow Division, Lucknow vide order dated 22.12.2021.

In view of aforesaid, the petitioner is subsequent allottee and being subsequent allottee, the petitioner has no locus to file present writ petition. In this regard, reliance has been placed on the judgment passed in the case of Poonam vs. State of U.P. & Others reported in (2016) 2 SCC 779.

Considering the aforesaid, the present petition is dismissed.

Order Date :- 31.8.2022

Jyoti/-