Allahabad High Court
Shivshyam Chaurasiya vs State Of U.P. Thru. Secy. Food And ... on 12 July, 2022
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 20
Case :- WRIT - C No. - 4308 of 2022
Petitioner :- Shivshyam Chaurasiya
Respondent :- State Of U.P. Thru. Secy. Food And Civil Supplies,Lko. And 4 Others
Counsel for Petitioner :- Vijay Bahadur Singh,Manuvendra Singh
Counsel for Respondent :- C.S.C.,Mohan Singh
Hon'ble Manish Kumar,J.
Heard learned counsel for the petitioner, learned standing counsel and Sri Ravindra Singh, holding brief of Sri Mohan Singh, learned counsel for opposite party no. 4.
The present writ petition has been preferred for quashing of the order dated 29.06.2022 passed by the Sub-Divisional Magistrate, Sadar, District Sultanpur by which the license of fair price shop granted in favour of the petitioner has been cancelled with immediate effect.
Learned counsel for the petitioner has submitted that prior to the passing of the order dated 29.06.2022, neither any notice was served nor any opportunity was provided to him. The order has been passed in contravention of principles of natural justice. It is further submitted that the petitioner was running fair price shop in village Karampur Parwarbhar, Block Dubepur, Tehsil Sadar, District Sultanpur since 15.06.2016.
On the other hand, learned standing counsel has submitted that the license for running fair price shop granted in favour of the petitioner was with a condition that the said license is subject to the order of the Hon'ble High Court. It is further submitted that the license of original allottee namely Satya Dev Tiwari was cancelled, who finally got relief from this Court as the writ petition bearing No. 12759 (MS) of 2016 was allowed by this Court vide its judgment and order dated 29.09.2021. The relevant portion of the judgment is quoted in the order dated 29.06.2022 which is subject matter of the writ petition.
After hearing learned counsel for the parties and going through the record, the position which emerges out is that the right of the petitioner was subject to the decision of the order of the Court as mentioned in the order passed in favour of the petitioner while granting the license for running fair price shop vide order dated 15.06.2016. The license in favour of the original allottee was cancelled vide order dated 02.06.2014 against which an appeal was preferred which was also dismissed by the Additional Commissioner, Faizabad Division, Faizabad vide its order dated 18.03.2016 against which the original allottee had approached this Court by filing a W.P. No. 12759 (MS) of 2016 (Satya Dev Tiwari vs. State of U.P. and Ors.) and this Court has set aside the cancellation order dated 02.06.2014 and the appellate order dated 18.03.2016 and the writ petition was allowed with liberty to the authorities to proceed afresh against the petitioner, if they so desire. The right of the present petitioner was dependent upon the order of this Court as already stipulated in the order granting license for running fair price shop. Hence, there was no occasion to issue any notice or provide any opportunity to the petitioner prior to passing of the order dated 29.06.2022. It is not a punitive order but passed on the condition of granting the license to the petitioner coming into operation on allowing of the writ petition preferred by the original allottee.
The writ petition is devoid of merits and is accordingly dismissed.
Order Date :- 12.7.2022
Nitesh
