Allahabad High Court
Abhishek Nishad vs State Of U.P. Thru. Its Secy. ... on 24 November, 2022
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 17
Case :- WRIT - C No. - 8208 of 2022
Petitioner :- Abhishek Nishad
Respondent :- State Of U.P. Thru. Its Secy. Ministry Of Food And Civil Supplies Lko. And 3 Others
Counsel for Petitioner :- Mahesh Kumar Sharma
Counsel for Respondent :- C.S.C.,Mohan Singh
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the parties.
By means of this petition, the petitioner has challenged the order dated 29.10.2022 passed by respondent No. 3/Sub Divisional Magistrate, Jalalpur, District- Ambedkar Nagar, whereby, the license of fair price shop situated at Village- Pura Badlahi, Vikas Khand- Bhiyaion, Tehsil- Jalalpur, District- Ambedkar Nagar, which was suspended, has been restored in favour of respondent No. 6/Sita Ram Yadav.
At the very outset, Sri Tejbali Singh, learned State counsel stated that the present petition filed by the complainant is not maintainable in view of law laid down by this Court in the judgment dated 06.09.2017 passed in the case of Ram Chander v. State of U.P. and others reported in [2017 (35) LCD 2759]. He further says that the petitioner was not heard in the proceedings before the respondent No. 3/Sub Divisional Magistrate, Jalalpur, District- Ambedkar Nagar, as such also, he has no locus to maintain this petition.
Opposing the issue of maintainability raised by learned State counsel, learned counsel for the petitioner drawn attention of the Court on the order dated 27.09.2022 passed by this Court in Writ-C No. 6709 of 2022 (Abhishek Nishad v. State Of U.P. And Others), annexed as Anexure No. 6 to this petition and a perusal whereof shows that the petitioner approached this Court earlier by means of the said petition for the prayer(s) to the effect that direction(s) be issued for cancellation of license of fair price shop allotted to respondent No. 6 as also to initiate fresh proceedings for allotment to run fair price shop of the village concerned.
It further transpires from the order aforesaid that license of respondent No. 6 was suspended, however, subsequent action was not taken. It further appears therefrom that considering the fact that the order of suspension and concerned officer is not proceeding further as required under the relevant provisions vis Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 (hereinafter referred to as the, Order, 2016) and Government Orders on the issue, this Court interfered in the matter and directed the respondent No. 3 in the said petition to conclude the proceedings initiated against the respondent No. 6 within a period of six weeks. From the order dated 27.09.2022, it is clear that the Court did not permit the petitioner on earlier occasion to participate in the proceedings before respondent No. 3 and in compliance of the said order, the proceedings were culminated and fair price shop license holder was also punished and the license has been restored.
Considering the law laid down by this Court on the issue as also the facts of the present case, this Court is of the view that the present petition is neither entertainable nor maintainable on behalf of the petitioner, as he is only a person annoyed and not the person aggrieved. The petition is accordingly dismissed.
Order Date :- 24.11.2022
Arun/-
