Allahabad High Court
Ranjeet Kumar vs State Of U.P. Thru. Food And Civil ... on 5 January, 2023
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 8
Case :- WRIT - C No. - 42 of 2023
Petitioner :- Ranjeet Kumar
Respondent :- State Of U.P. Thru. Food And Civil Supplies, Lko. And Others
Counsel for Petitioner :- Anjali Dubey
Counsel for Respondent :- C.S.C.
Hon'ble Alok Mathur,J.
1. Heard Sri Harendra Singh, Advocate holding brief of Ms. Anjali Dubey, learned counsel for petitioner as well as learned Standing Counsel for respondents.
2. The petitioner has approached this Court challenging the order dated 29.03.2022 whereby the respondent No. 3 has been granted permission to run fair price shop in Village Panchayat Palhanapur, Block Bijuwa, Tehsil Gola, District Lakhimpur Kheri.
3. It has been submitted by learned counsel for petitioner that respondent No. 4 was granted license for running a fair price shop and when certain complaints received against him a first information report was lodged and the license to run fair price shop was cancelled by order dated 08.03.2019.
4. Respondent No. 4 had approached this Court by filing a Writ Petition No. 11761 (MS) of 2021 assailing the order of cancellation of the license of the fair price shop stating that he has filed an appeal agaisnt the order of cancellation of license and during pendnecy of the appeal, the cancellation order deserves to be stayed. The said writ petition was allowed by means of order dated 16.06.2021 and it was provided that till disposal of the petitioner's appeal, the operation of the impugned order dated 08.03.2019 passed by respondent No. 3 shall remain stayed.
5. Thereafter appeal of the petitioner has been decided vide order dated 09.11.2021 against which respondent No. 4 approached this Court again by which Writ Petition no. 27134 (MS) of 2021 which was allowed by means of order dated 03.02.2022. After passing of the judgment, by means of order dated 29.03.2022, Sub-Divisional Magistrate, Gola Gokaran Nath in compliance of the judgment of this Court dated 03.02.2022 passed in Writ Petition No. 27134 of 2021, restored the license of the respondent No. 4 and permitted him to run the fair price shop.
6. After cancellation of the license of respondent No. 4, the petitioner had made an application for grant of license of fair price shop and he was allotted the same by means of order dated 08.12.2019 and was continued to run fair price shop till passing of the order dated 29.03.2022. The petitioner has assail the validity of the order dated 29.03.2022 and has further prayed that respondent should restore the supply of the petitioner's fair price shop.
7. It is submitted by learned counsel for petitioner that after passing of the order dated 29.03.2022 again certain acts of misconduct and anomalies were discovered in running of the fair price shop and again my means of order dated 01.11.2022 the license of respondent No. 4 has been cancelled.
8. Learned Standing on the other hand has opposed the writ petition. He has submitted that the order dated 29.03.2022 was a sequel/compliance to the determination by this Court at the behest of respondent No. 4 when his writ petition assailing the order of cancellation of license was allowed by this Court and in compliance of the judgment of this Court the order dated 29.03.2022 was passed.
9. In light of the above, there is no need for interference by this Court with the order dated 29.03.2022. In case the petitioner was aggrieved by the findings or judgment passed by this Court dated 03.02.2022 passed in Writ Petition No. 27134 of 2021 it was open for the petitioner to assail the said order before higher forum but the said judgment attained finality and the respondents had merely complied the judicial direction and hence the challenge to the said order, accordingly fails. Though the license of respondent No. 4 has again been cancelled but the fresh license can be awarded only after following the provisions contained in Praster 8(3) of Government Order No. 4/219/1206/29-6-2019-300Sa/03 Ti.Si dated 05.08.2019.
10. In light of the above, this court is of the considered view that no right vests in the petitioner for being alloted fair price shop on the cancellation of respondent No. 4, This court is further of the considered view that the challenge to order dated 29.03.2022 is not made out. In light of the above, the writ petition is without merits and is accordingly dismissed.
(Alok Mathur, J.)
Order Date :- 5.1.2023/Ravi/
