The court affirmed the right of parties with vested interests to be heard in proceedings affecting their rights, emphasizing the importance of due process.

ORDER :

1. Leave granted.

2. This appeal arises out of the impugned judgment and order dated 9th May, 2022 in Writ-C No.1497 of 2022 passed by the High Court of Judicature at Allahabad, Lucknow Bench.

3. We have heard the learned counsel for the respective parties and perused the material on record.

4. Our attention is drawn to the decision rendered by a Co-ordinate Bench of this Court, on similar facts, in SLP (C) No.5979/2021, titled as “Anwari Vs. State Of U.P. & Ors.”. The operative portion thereof reads as under:-

“15. Moreover, regard being had to consideration of the issue as to whether a subsequent allottee like the appellant has a right to be heard, we have no hesitation to conclude, on facts and in the circumstances, that the respondent no.4 had full knowledge that the appellant had been running the fair price shop since 2008. This is clear from the allegations levelled by the respondent no.4 himself in paragraph 13 of the writ petition. The appellant had acquired some right having been granted license in 2008 and, therefore, she should have been impleaded as a respondent in the array of parties and extended an opportunity to place her version before any order being passed affecting her right.

16. For the reasons aforesaid, the impugned judgment and order of the High Court is set aside. We order a remand, with the result that the writ petition of the respondent no.4 would stand revived on the file of the High Court. The appellant shall be impleaded as respondent no.4 in the writ petition. If she so chooses, the appellant may file her counter affidavit within four weeks. The High Court is requested to provide adequate opportunity to the parties to place their respective versions, whereafter the writ petition shall be considered and disposed of in accordance with law, as early as possible, preferably within four months from date. License issued in favour of the appellant to run the fair price shop shall, however, be subject to the result of the writ petition.”

5. The parties jointly prayed that the present appeal be disposed of in view of the aforesaid judgment of this Court.

6. The impugned judgment and order dated 9th May, 2022 in Writ-C No.1497 of 2022, passed by the High Court of Judicature at Allahabad, Lucknow Bench, is set aside, and the matter is remanded to the High Court for fresh consideration, with the present appellant impleaded as one of the party respondents.

7. We direct the parties to appear before the High Court on 17th February, 2025 and request the High Court to resolve the issue as expeditiously as possible, preferably within a period of three months thereafter.

8. The appeal is allowed accordingly.

9. Pending application(s), if any, shall stand disposed of.