Court No. 21
Civil Misc. Writ Petition No. 38658 of 2010
Keshav Lal
Vs.
State of U.P. and others
Hon'ble V.K. Shukla, J.
Fair price shop license of Ram Kishun respondent no.7 had been cancelled
on 15.12.2009. Against the same appeal had been preferred and same was
allowed on 11.1.2010.
Brief background of the case is that petitioner alongwith other villagers of the
village has filed a complaint before the respondent no.3 in respect of irregularities
committed during the distribution of essential commodities. On the basis of the
complaint, inquiry was conducted and report has been submitted. Thereafter,
licence of the Ram Kishun, respondent no.7 has been cancelled on 15.12.2009.
Appeal preferred against the same has been allowed on 11.1.2010. At this juncture
present writ petition has been filed.
Learned counsel for the petitioner Sri Lalji Tripathi, Advocate, contended
with vehemence that in the present case appeal in question was arbitrarily allowed
as such this Court should entertain writ petition in question and quash the order
passed in appeal.
Countering said submission learned Standing counsel on the other hand
contended that none of the legal right of the petitioner has been infringed and
petitioner is not at all person aggrieved, as such writ petition in question is liable to
be dismissed.
After respective arguments have been advanced factual position which is
emerging in the present case is that petitioner’s status is that of complainant and
Division Bench of this Court in the case of Dharm Raj Vs. State of U.P. and
others(Writ Petition No. 6409 (MB) of 2009 decided by Lucknow Bench of this
Court on 15.07.2009 has held that complainant has got no right to maintain writ
petition as he/she are not ‘person aggrieved’ and are in fact ‘person annoyed’, and
none of their legal rights are infringed.
Consequently, present writ petition is dismissed on the ground of locus.
No order as to cost.
Dt. 07.07.2010
T.S.