Neutral Citation No. - 2025:AHC:85995 Court No. - 33 Case :- WRIT - C No. - 15829 of 2025 Petitioner :- Smt. Lalti Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anurag Yadav,Mahendra Pratap,Vijan Rathore Counsel for Respondent :- C.S.C.,Mohd. Ishraque Farooqui Hon'ble Prakash Padia,J. 1. Heard Sri Mahendra Pratap, learned counsel for the petitioner, learned Standing Counsel for the respondent nos. 1 to 4 and Sri Mohd. Ishraque Farooqui, learned counsel appearing on behalf of respondent no. 5 2. Order dated 08.04.2025 passed by the Joint Food Commissioner, Prayagaraj Division, Prayagraj as well as consequential order dated 19.04.2025 passed by Deputy District Magistrate handia, Prayagaraj, is under challenge in the present petition. 3. Facts as contained in the present petition are that fair price shop license of the respondent no. 5 was cancelled vice order dated 29.01.2018 consequent to the same in order to run the aforesaid fair price shop the same was allotted in favour of the petitioner vide order dated 27.05.2018. 4. Aggrieved against the aforesaid order dated 29.01.2018 statutory appeal was filed by the respondent no. 5/Dhangu Ram before the respondent no. 2/Joint Commissioner (Food) Prayagraj Division, Prayagraj which was allowed vide order dated 08.04.2025. Subsequent to the aforesaid, a consequential order passed by the respondent no. 3 on 19.04.2025 restoring the fair price shop in favour of respondent no. 5/Dhangu Ram. Aggrieved against the aforesaid the petitioner has preferred the present writ petition. 5. It is argued that though the petitioner is a subsequent allottee, he is entitled for the hearing before the respondent no. 2 in view of law laid down by the Hon'ble Apex Court in Case of Ram Kumar Vs. State of U.P. and others reported in 2022 11 ADJ 229. 6. Heard counsel for the parties and perused the record. 7. From the perusal of record it transpires that during the pendency of the appeal before the respondent no. 2 neither the petitioner was arrayed as one of the respondents nor he was provided any opportunity of hearing which is required as per paragraph 9 and 13 of the judgment of Ram Kumar (Supra). 8. In this view of the the matter and also in the interest of justice, the present petition is disposed of permitting the petitioner to file a recall/restoration application alongwith impleadment application before respondent No.2/Joint Commissioner (Food) Prayagraj Division Prayagraj within a period of three weeks from today. If such an application is filed within the stipulated period, the respondent No.2 will pass appropriate orders strictly in accordance with law most expeditiously and preferably within a period of four months from the date of production of certified copy of this order but after providing opportunity of hearing to the petitioner. 9. The order dated 08.04.2025 passed by the Joint Food Commissioner Prayagraj Division, Prayagraj will be subject to the final outcome of the decision taken by the respondent no. 2 in the aforesaid proceedings. Order Date :- 21.5.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad