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2025 DAILYLAW 73115 (ALL)

AKEEL HASAN v. STATE OF U.P. AND 5 OTHERS

WRIC/22033/2025 · 2025-07-13

Prakash Padia

Special Leave Petitionbody2025

Judgment text

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Court No. - 33 Case :- WRIT - C No. - 22033 of 2025 Petitioner :- Akeel Hasan Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Tahir Ali Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Prakash Padia,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel as well as Sri Azad Rai, learned counsel for the respondent-Gaon Sabha 2. Facts in brief as contained in the writ petition are that the petitioner is subsequent allottee.The fair price shop license of respondent No.6/Sri Israr Ahmad was cancelled thereafter the petitioner was issued letter of appointment dated 01.01.2029 by the respondent No.4/Sub Divisional Magistrate, Tehsil Manjhanpur, Kaushambi to run the aforesaid fair price shop license. Against the order of cancellation, appeal was filed by the respondent No.6 which was allowed by the respondent No.2/ Joint Commissioner (Food), Prayagraj Division, Prayagraj vide order dated 09.05.2025. Aggrieved with the aforesaid order, the present petition. 3. It is argued by learned Standing Counsel as well as Sri Azad Rai, learned counsel for the respondent-Gaon Sabha that since the petitioner is a subsequent allottee, he has no right to challenge the aforesaid order. It is argued that in indentical controversy, some of the subsequent allottee approached the Hon'ble Supreme Court by filing Special Leave Petition (Civil) Diary No(s).34331 of 2025 (Farhana Vs. State of U.P.), which were dismissed by the Hon'ble Apex Court vide judgement and order dated 03.07.2025. The order dated 03.07.2025 reads as follows :- "1. Permission to file SLP(s) is granted. 2. Delay condoned. 3. Heard the learned counsel appearing for the petitioner(s). 4. We are not inclined to interfere with the impugned judgment passed by the High Court. Hence, the Special Leave Petitions are dismissed. 5. Pending applications, if any, shall stand disposed of." 4. At this point of time, learned counsel for the petitioner prays to dismiss the present petition as not pressed. 5. This prayer has not been opposed by learned counsel for the respondents. 6. Accordingly, the present petition is dismissed as not pressed. Order Date :- 14.7.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad