HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 40536 of 2026 Court No. - 36 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri A.K. Tripathi, learned counsel for petitioner and Sri P.K. Gupta, learned counsel for respondents. 2. Petitioner's father was a fair price shop licensee. Unfortunately, he expired. Thereafter, petitioner's elder brother filed an application to transfer license on inheritance basis, however, since there was certain legal impediment as some criminal case was pending against elder brother, therefore, his claim was rightly rejected. 3. Subsequently, petitioner being younger son of deceased licensee filed a fresh application and it was rejected mainly on ground that it was filed after 45 days of death of licensee. 4. In impugned order, there are other grounds also that petitioner was failed to provide succession certificate as well as NOC from other members of family. Both documents are not annexed along with this writ petition. 5. Learned counsel submits that if delay is condoned on basis of above referred circumstances, that earlier petitioner's elder brother has filed application, other requirements will be fulfilled. 6. Learned Standing Counsel as well as learned counsel for respondents has opposed aforesaid prayer that there is no provision to extend period of limitation and it is not an absolute right. Versus Counsel for Petitioner(s) : Ajay Kumar Sharma, Arun Kumar Tripathi Counsel for Respondent(s) : C.S.C., Pankaj Kumar Gupta Sugriv .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 7. I have considered above submissions and perused the records and found that since first attempt for transfer of license on inheritance was failed due to legal impediment and application filed by petitioner's elder brother was rejected on 27.11.2025 and within a very short period on 25.01.2026, a fresh application was filed by petitioner, therefore, limitation period for purpose of filing application on behalf of petitioner would run from 27.11.2025 since it is a fresh cause of action. 8. In view of above, order passed by Appellate Authority dated 21.06.2026 is set aside and matter is remitted back to said Authority to pass fresh order and will consider claim of petitioner ignoring any objection to limitation. 9. Writ petition stands disposed of with above observations. October 7, 2026 N. Sinha WRIC No. 40536 of 2026 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad