Pawan vs State Of U.P. And 4 Others
2023 Latest Caselaw 25637 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:182026
 
Court No. - 6
 

 
Case :- WRIT - C No. - 30139 of 2023
 

 
Petitioner :- Pawan
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Ved Prakash Ojha
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.

The petitioner has preferred instant writ petition with a prayer to quash the orders dated 15.06.2023 and 19.06.2023 passed by respondent no. 4, vide which the fair price shop has been restored in favour of original allottee, i.e., respondent no. 5.

Brief facts of the case are that the fair price shop licence of respondent no. 5 was cancelled on the ground that he was involved in a criminal case and was sent to jail. During the said period, arrangement for running the fair price shop was made allotting the same in favour of the petitioner. The respondent no. 5 challenged the cancellation order as well as the appellate order whereby his appeal was dismissed, by means of Writ-C No. 30882 of 2016 (Kamlesh v. State of U.P. and others). A coordinate Bench of this Court vide order dated 15.05.2023 allowed the writ petition, quashing the cancellation order dated 25.04.2015 and order dated 25.05.2016 by which the appeal of respondent no. 5 was dismissed, with certain direction which are thus:

"11. The writ petition succeeds and is allowed. The orders impugned dated 25.04.2015 passed by the Sub-Divisional Officer, Lalitpur and 25.05.2016 passed by the Commissioner, Jhansi Division, Jhansi in Appeal No.16/ C2015060000355 are hereby quashed with the following directions:-

(a) The petitioner shall file an application along with certified copy of this order and judgment of acquittal before the Sub-Divisional Officer concerned within a period of two weeks from today.

(b) The Sub-Divisional Officer concerned shall pass appropriate orders in the light of the observations made by this Court within next three weeks.

(c) Since under the interim order dated 12.07.2016, this Court had clearly provided that the third party rights, if created, shall abide by the result of the writ petition, the Sub-Divisional Officer shall take a decision regarding restoration of the licence of the petitioner unaffected by any subsequent arrangement made during the intervening period for which this writ petition has remained pending."

In compliance of the aforesaid order, fair price shop licence has been restored to the original allottee, i.e., respondent no. 5, challenging which the present writ petition has been filed.

Learned counsel for the petitioner submits that the aforesaid fair price shop was allotted to the petitioner in the year 2016 and he has been running the same till date, thus, the impugned orders dated 15.06.2023 and 19.06.2023 being ex-parte as having been passed without affording any opportunity of hearing to the petitioner, who is subsequent allottee, are in violation of principles of natural justice and the same are liable to be quashed.

Learned Standing Counsel submits that the allotment made in favour of the petitioner was conditional, mentioning therein that the same shall be subject to final outcome of the case as filed by the original allottee (respondent no. 5).

This Court feels that the orders impugned have been passed in compliance of the order of this Court dated 15.05.2023 passed in Writ-C No. 30882 of 2016, therefore, there is no illegality in the said orders as the order of allotment passed in favour of the petitioner was a conditional order.

The writ petition stands dismissed.

No order as to costs.

Order Date :- 20.9.2023

DS