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2025 DAILYLAW 125980 (ALL)

RAJESH v. STATE OF U.P. THRU. PRIN. SECY. FOOD and CIVIL SUPPLY U.P. SACHIVALAYA,LKO. AND 5 OTHERS

WRIC/2096/2025 · 2025-03-04

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13050 Court No. - 7 Case :- WRIT - C No. - 2096 of 2025 Petitioner :- Rajesh Respondent :- State Of U.P. Thru. Prin. Secy. Food And Civil Supply U.P. Sachivalaya,Lko. And 5 Others Counsel for Petitioner :- Praveen Tripathi,Ayushi Dubey Counsel for Respondent :- C.S.C.,Pankaj Gupta,Ratnesh Singh,Vijayendra Prakash Tripathi Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner, Sri Vijayendra Prakash Tripathi, learned counsel for the respondent and perused the record. 2. The present petition has bee filed by the petitioner challenging an order passed in an appeal preferred by the respondent. The appeal was preferred against an order of cancellation of fair price shop license. 3. The contention of the counsel for the petitioner is that the wife of the petitioner was appointed as Fair Price Shop dealer after the proceedings of cancellation were initiated against main allottee. Subsequently, the wife of the petitioner was also died and the petitioner claims that he would have been entitled to appointment on compassionate ground in terms of the Government Order dated 05.08.2019. 4. A perusal of the allotment order in favour of the wife of the petitioner reveals that her allotment was also a contingent allotment, which was subject to outcome of the legal proceedings. It is fairly well settled that a contingent allottee herself does not have a right and the heir of the contingent allottee would have no right whatsoever. 5. In view thereof, the petitioner has no locus to challenge the order impugned, as such, the present petition is dismissed. Order Date :- 4.3.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench