Allahabad High Court
GAYA PRASADversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The appeal is dismissed as it lacks substance and cannot be entertained after the writ petition was dismissed on merits.
Summary
Gaya Prasad's license for a fair price shop was cancelled after his criminal conviction, as stipulated in his agreement with the State. He filed a writ petition challenging the cancellation, but the Single Judge dismissed it on the ground that the conviction was not stayed. The appellant then filed a special appeal contending that he could still pursue an appeal against the license cancellation as an alternative remedy. The High Court held that once a writ petition is dismissed on its merits, the party cannot subsequently seek a fresh direction to file an appeal against the same order. The court found the appellant's submissions fallacious and contrary to principles of natural justice. Consequently, the special appeal was dismissed for lack of substance.
Issues considered
- Whether a writ petition dismissed on its merits can be followed by a fresh appeal seeking permission to appeal against the order cancelling a license.
- Whether the appellant can rely on an alternative remedy of appeal after the dismissal of the writ petition.
Subjects
- license cancellation
- fair price shop
- criminal conviction
- writ petition
- appeal
- natural justice
- special appeal
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
SPECIAL APPEAL No. - 519 of 2026
Gaya Prasad
.....Appellant(s)
Versus
State of U.P. and 2 others
.....Respondent(s)
Counsel for Appellant(s) : Om Prakash Chaube
Counsel for Respondent(s) : Rajiv Singh, S.C.
Chief Justice's Court
HON'BLE ARUN BHANSALI, CHIEF JUSTICE
HON'BLE KSHITIJ SHAILENDRA, J.
1. This appeal is directed against order dated 24.03.2026 passed by
learned Single Judge whereby the writ petition filed by the petitioner
against cancellation of his license for fair price shop, has been dismissed.
2. License of the petitioner was cancelled on account of his conviction in
a criminal case as per the terms of the agreement executed between the
appellant and the State.
3. It was observed in the order of learned Single Judge that the petitioner
has been enlarged on bail in the appeal filed by the appellant and that the
conviction has not been stayed and, therefore, no exception can be taken
to the order passed by the authority on account of conviction of the
appellant in terms of the agreement and consequently the petition was
dismissed.
4. In the present appeal, submissions are sought to be made that the
appellant had an alternative remedy of filing appeal and, therefore, the
appellant may now be permitted to file appeal against the cancellation of
the license.
5. The submissions sought to be made, are to say the least fallacious
inasmuch as while filing the writ petition, it was indicated that remedy of
appeal is not efficacious and that there was no necessity to avail the
remedy of appeal on account of violation of principles of natural justice.
SPLA No. 519 of 2026
2
6. Once the writ petition has been dismissed on merit, filing appeal
seeking a direction that the appellant may now be permitted to file appeal
against the order cancelling his license, cannot be countenanced.
7. The appeal has no substance, the same is, therefore, dismissed.
(Kshitij Shailendra,J.) (Arun Bhansali,CJ.)
May 6, 2026
Sandeep/RK
Digitally signed by :-
SANDEEP KUMAR
High Court of Judicature at Allahabad
Checking your session…