Gama Ram v. State of U.P. and 3 Others

Court No. - 6 Case :- WRIT - C No. - 33464 of 2023 Petitioner :- Gama Ram Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vashishtha Dhar Shukla,Ashwani Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. This writ petition has been filed by the petitioner with a prayer to quash the order dated 19.05.2023 passed by the respondent no.3; Sub Divisional Magistrate, Sadar, District Azamgarh and further prayer to direct the respondent no.3 not to give effect the order dated 19.05.2023. At the very outset, learned Standing Counsel has raised a preliminary objection to the effect that the petitioner is a complainant and have no locus to file writ petition. Even otherwise, the petitioner, who is card-holder, is not an aggrieved person in order to challenge the impugned order dated 19.05.2023 passed by opposite party no.3, therefore, the present writ petition is not maintainable and the same is liable to be dismissed. Considering the reasons recorded by this Court in the case of Lakkhi Sonkar vs. State Of U.P. and 5 Others; decided on

18.09.2023 passed in Writ-C No. - 11528 of 2023 on the point in issue, the petitioner, who is a card holder/complainant has got no right to challenge the impugned order dated 19.05.2023 passed by the respondent no.3, Sub Divisional Magistrate, Sadar, District Azamgarh by which license of fair price shop for the concerned Gram Panchayat has been restored/re-allotted to the respondent no.4. With the aforesaid observations, the writ petition lacks merit and is, accordingly, dismissed. No order as to costs. Order Date :- 16.10.2023 Rahul. High Court of Judicature at Allahabad