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2025 DAILYLAW 25881 (ALL)

SHRIMATI REETA VISHWAKARMA v. STATE OF UTTAR PRADESH AND 4 OTHERS

WRIC/6534/2025 · 2025-03-04

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32074 Court No. - 33 Case :- WRIT - C No. - 6534 of 2025 Petitioner :- Shrimati Reeta Vishwakarma Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Niwas Kumar Gupta,Ram Asre Counsel for Respondent :- C.S.C.,Ishwar Chandra Tyagi Hon'ble Vikram D. Chauhan,J. It is submitted by learned counsel for the petitioner that the petitioner is the subsequent allottee, who was appointed after following due process of law. The respondent no.5 was earlier fair price shop owner, whose licence was cancelled against which an appeal was filed. The appeal has been allowed and the cancellation order has been set aside. Despite the fact that the petitioner has already been appointed as regular fair price shop owner. The petitioner was not made a party, although the petitioner was a necessary party. At this stage, Sri Ishwar Chandra Tyagi, learned counsel for respondent no.5 and learned Standing Counsel for the State- respondents submit that the impugned order may be set aside and the matter may be remanded back to the Appellate Authority for decision afresh after impleading the petitioner as a party in the appeal and after giving opportunity of hearing to the petitioner. Learned counsel for the petitioner has no objection to the aforesaid. In view of the submission made by learned counsel for the parties, the impugned order dated 5.2.2025 passed by respondent no.2 is hereby set aside. The writ petition is allowed and the matter is remanded back to the respondent no.2 for decision afresh in the appeal of the respondent no.5 after impleading the petitioner as one of the respondents in the appeal and after providing opportunity of hearing to the petitioner. It is expected that the respondent no.2 will decide the appeal within a period of two months from the date of production of a certified copy of this order. Order Date :- 5.3.2025 Bhaskar Digitally signed by :- BHASKAR High Court of Judicature at Allahabad