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NEERAJ TIWARI
Mahipal – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
[Neeraj Tiwari, J.]
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
2. This Court vide order dated 4.12.2021 directed the learned counsel for the petitioner to inform Sri Pankaj Tyagi and Ms. Archana Tyagi, learned counsel for the caveator in writing that on the next date of listing, case shall be heard in first call irrespective of presence of counsel for the caveator.
Pursuant to the aforesaid order, Sri Manu Saxena, learned counsel for the petitioner has given notice to Sri Pankaj Tyagi and Ms. Archana Tyagi, who received the same on 6.12.2021, but they are not present, therefore, case be decided on merits. The notice dated 6.12.2021 is taken on record.
3. Present writ petition has been filed for quashing the order dated 10.10.2011 passed by respondent No. 3 by which licence of fair price shop of the petitioner was cancelled and order dated 12.12.2013 passed by respondent No. 2 by which appeal filed by petitioner has been dismissed affirming the order of the respondent No. 3.
4. Learned counsel for the petitioner submitted that petitioner was running fair price shop. His licence of fair price shop was suspended by res
The main legal point established in the judgment is that a complainant, as a person annoyed, does not have the legal right to challenge a decision and is only entitled to participate in the inquiry p....
Point of law: Only aggrieved person, who has participated in the process of allotment of fair price shop can file appeal.
A fair price shop license cannot be cancelled without affording a reasonable opportunity to the licensee to defend against the allegations in accordance with the principles of natural justice.
A person must demonstrate a legal grievance to maintain a writ petition; mere disappointment does not confer locus standi.
The subsequent allottee has the right to hold the shop only if the original licensee's license is cancelled. Procedural compliance and consideration of documentary evidence over oral statements are c....
since the suspension was during pendency of the inquiry initiated against the petitioner and a final order was passed, the petition became infructuous and this Court need not advert to various conten....
A subsequent allottee of a Fair Price Shop does not automatically gain the status of a necessary party in appeals concerning the cancellation of previous allotments unless they actively seek to be im....
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