Roshani Verma vs State Of U.P. And 4 Others
2023 Latest Caselaw 4090 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 
Case :- WRIT - C No. - 39761 of 2022
 
Petitioner :- Roshani Verma
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Ankit Kumar,Shrawan Kumar Pandey
 
Counsel for Respondent :- C.S.C.,Ram Sumer Chaudhary
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Petitioner is a subsequent allottee who was allotted a fair price shop in question just after appeal was filed by respondent No.5 and as such she was not heard during appeal and therefore, she is aggrieved by impugned order dated 02.09.2022 whereby appeal was allowed and license was restored in favour of respondent No.5.

Sri Ankit Kumar, learned counsel for petitioner and Sri Ram Sumer Chaudhary, learned counsel for respondent No.5 have fairly submitted that in view of judgment passed by Supreme Court in Ram Kumar Vs. State of U.P. and others, 2022 SCC Online SC 1312, a limited right is with subsequent allottee to be heard especially when he was allotted a shop during pendency or before filing of an appeal.

Considering aforesaid submissions of learned counsel for both parties, impugned order dated 02.09.2022 is set aside and matter is remanded back to Appellate Authority who will hear petitioner also and will pass a reasoned order, preferably within a period of four weeks from today, if there is no legal impediment.

Petitioner will be under obligation to approach Appellate Authority to become a party in appeal within a period of one week from today.

Petition stands disposed of.

Order Date :- 8.2.2023

Nirmal Sinha