HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 36586 of 2026 Court No. - 36 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Satyawan Shahi, learned counsel for petitioner and learned Standing Counsel for State. 2. Learned counsel for petitioner has not able to show any legal pronouncement of this Court or any legal provision that there is absolute bar to issue fresh advertisement for appointment of fair price shop on a ground that appeal filed by earlier allottee is still pending. 3. A reference to a judgment of Full Bench of this Court in Bajrangi Tiwari vs. The Commissioner, Devi Patan Mandal Gonda and another, Misc. Single No. 8033/2013 dated 26.10.2017 will not be helpful to petitioner since it was on a different point which may be applicable on merit of case, so far as appeal is concerned and there is already an order to expedite the appeal. 4. However, in case appeal is not decided till date, that cannot be a ground that no fresh advertisement can be advertised. 5. Accordingly, this Court does not have any ground on law or on fact to stop the process of allotment of fresh license of fair price shop, however, it is made clear that in case any new license is issued, it shall be subject matter of outcome of appeal filed by petitioner. Versus Counsel for Petitioner(s) : Satyawan Shahi Counsel for Respondent(s) : C.S.C. M/S Navin Upbhogta Sahkari Samiti .....Petitioner(s) State Of Uttar Pradesh And 2 Others .....Respondent(s) 6. Writ petition stands disposed of with above observations. September 14, 2026 AK WRIC No. 36586 of 2026 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad