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BHAGWAN DAS GUPTA versus COMMISSIONER, AZAMGARH REGION AZAMGARH & OTHERS

High Court of Judicature at Allahabad

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Bhagwan Das Gupta v. Commissioner, Azamgarh Region Azamgarh & Others - WRIT - C No. 20516 of 2007 [2007] RD-AH 7470 (24 April 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. Sunil Ambwani, J.

Heard Shri Devendra Pratap Singh, learned counsel for the petitioner and learned Standing Counsel.

The authorisation of respondent No.3 to sell scheduled commodities (fair price shop) was cancelled.  In the consequent vacancy, the petitioner was given a fresh allotment.  The respondent No.3 filed a writ petition, which was allowed with directions to decide the matter. Now by an order dated 3.4.2006  the Sub-Divisional Officer, Ballia found that the authorisation of respondent No.3 was wrongly cancelled.  The authorisation of respondent No.3 was restored and consequently, the authorisation of the petitioner was cancelled.  The petitioner filed an appeal under Clause 28 of U.P. Scheduled Commodities (Distribution) Order, 2004, which was dismissed by the Commissioner on 22.12.2006.

In a case, where a consequential authorisation  has been cancelled, the complainant,  Gram Pradhan or the Members of Gaon Sabha  may have locus standi to file the writ petition.   The petitioner's rights as  consequential grantee of authorisation depend upon the result of the proceedings taken against the original grantee of authorisation.  The petitioner as such does not have the  locus standi to challenge the order on merits.

The writ petition is dismissed.

Dt.24.4.2007


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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