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2025 DAILYLAW 154287 (ALL)

MOHD ISLAM v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF FOOD AND CIVIL SUPPLIES LKO. AND 3 OTHERS

/7335/2025 · 2025-08-04

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45103 Court No. - 6 Case :- WRIT - C No. - 7335 of 2025 Petitioner :- Mohd Islam Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Food And Civil Supplies Lko. And 3 Others Counsel for Petitioner :- Syed Asaghar Mehdi Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner and Shri Ashok Kumar Verma, who has put in appearance on behalf of opposite party no.4. The Vakalatnama is taken on record. 2. The present writ petition has been filed challenging an order dated 26.04.2025 whereby the appeal preferred by the petitioner was dismissed. 3. The facts in brief are that an order suspending the license of the fair price shop came to be passed on 24.07.2022 and thereafter the license was cancelled vide order dated 30.01.2023 against which, the opposite party no.4, license holder, filed an appeal being Appeal No.281 of 2023, which was allowed vide order dated 11.04.2023. In furtherance of the said order, license was restored. Being aggrieved by the order passed by the Commissioner in appeal, the petitioner preferred an appeal under Section 13(1) of the U.P. Regulation of Sale and Distribution Order, 2016, which was dismissed vide impugned order dated 26.04.2025 on the ground of maintainability. 4. In the absence of there being any challenge of the order dated 11.04.2023, whereby the appeal preferred by the license holder was came to be allowed, the consequential action could not be challenged by the petitioner, who is merely a complainant and has no locus. No good ground for interference is made out. 5. The petition is dismissed. (Pankaj Bhatia, J.) Order Date :- 4.8.2025 akhilesh/- Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench