The State Government has the authority to make alternative arrangements for fair price shops, and the subsequent allottee has no right to challenge the restoration of the license in favor of the original licensee.

JUDGMENT :

Vivek Kumar Birla, J.

1. Heard learned counsel for the petitioner and learned Standing Counsel for the State- respondents.

2. Pursuant to the order dated 07.11.2019, learned Standing Counsel has produced a copy of the instructions dated 16.11.2019 sent by the District Supply Officer, Meerut. Copy of the instruction has also been supplied to the learned counsel for the petitioner.

3. The present petition has been filed with following relief:-

(i) Issue a writ, order or direction in the nature of mandamus directing the respondent nos.2 and 3 not to allot the fair price shop in pursuance of notification which was published in daily news paper dated 16.10.2019 till submission of final report of S.T.F. Lucknow where enquiry/investigation is pending.

4. Submission of the learned counsel for the petitioner is that admittedly, pursuant to the direction of the Hon'ble Division Bench of this Court issued vide judgment and order dated 05.12.2018 passed in Public Interest Litigation (PIL) No. 4839 of 2018, The Sahkari Sasta Galla Vikreta Union, Tehsil Sardhana, Meerut vs. State of U.P. and Others, Senior Superintendent of Police (STF), Lucknow has been directed to complete the enquiry as far as possible within a period of six months in regard to misuse of Aadhaar authentication of E-POS. Submission is that till date the enquiry has not been completed, but the advertisement has been issued for allotment of shops involved in the enquiry. Submission is that unless the enquiry is concluded, there is no justification in making a fresh allotment and the petitioner is entitled for continuation for his shop.

5. Per contra, learned Standing Counsel submits that the enquiry is pending and longer time is being taken because the Aadhaar Card data is required for examination of the allegations. He further pointed out that it had been a large scale scam wide spread throughout the State and as many as 44 districts are involved in the same. Learned Standing Counsel further stated at the bar that in some of the districts the dealers have also deposited the amount. He further pointed out that as per information supplied dealers named in the scam in the district of Prayagraj, have already deposited amount that was being sought to be recovered from them.

6. I have considered the submission and perused the record. In so far as the present petition is concerned, the only prayer is that no fresh notification be made in regard to the shop of the petitioner, pursuant to the notification published in daily newspaper dated 16.10.2019 till submission of final report of Senior Superintendent of Police (STF), Lucknow, wherein enquiry/investigation is pending. Along with the supplementary affidavit, a copy of the cancellation order dated 05.01.2019 passed by the District Supply Officer, Meerut has been filed.

7. During the course of arguments learned counsel for the petitioner further stated that an appeal before the Commissioner being Appeal No. 694 of 2019 is pending against the aforesaid cancellation order. The cancellation order is admittedly, not under challenge before this Court.

8. Confining to the relief claimed in the present petition, a reference may be made to the judgment of Hon'ble Division Bench of this Court in the case of Vinod Kumar vs. State of U.P. and Others, 2014 (9) ADJ 761, para-12 whereof is quoted as under:-

“Hence, on considering the diverse orders which have been passed by the Division Benches of this Court, it is clear that this Court has not held, as a principle of law, that pending the disposal of an appeal before the Appellate Authority under Clause 28(3) of the Control Order, no arrangements can be made by the State for securing the interest of the card holders. On the contrary, in our view, it is open to the State, pending disposal of an appeal, to make suitable alternate arrangements either by attaching the card holders to an existing fair price shop or by allotting the fair price shop to a new licensee subject to the result of the app