Allahabad High Court
M/S NAVIN UPBHOGTA SAHKARI SAMITIversusSTATE OF UTTAR PRADESH AND 2 OTHERS
- Decided
Holding
A pending appeal does not bar the issuance of a fresh advertisement for a fair price shop license.
Summary
The petitioner, M/S Navin Upbhogta Sahkari Samiti, filed a writ petition seeking to restrain the State from issuing a fresh advertisement for the appointment of a fair price shop, arguing that an appeal filed by an earlier allottee was still pending. The petitioner could not cite any legal authority establishing an absolute bar on fresh advertisements while an appeal is pending. The Court noted a Full Bench decision in Bajrangi Tiwari v. The Commissioner, Devi Patan Mandal Gonda (2017) but held it was on a different point and not applicable. The Court ruled that a pending appeal does not, by law or fact, prevent the issuance of a new license, though any new license would be subject to the appeal's outcome. Consequently, the writ petition was disposed of with these observations.
Issues considered
- Whether the pendency of an appeal against a prior fair price shop allotment bars the State from issuing a fresh advertisement for a new fair price shop license.
Subjects
- fair price shop
- fresh advertisement
- pending appeal
- licensing
- writ petition
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 36586 of 2026
M/S Navin Upbhogta Sahkari Samiti
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Satyawan Shahi
Counsel for Respondent(s) : C.S.C.
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.
WRIC No. 36586 of 2026
2
6. Writ petition stands disposed of with above observations.
(Saurabh Shyam Shamshery,J.)
September 14, 2026
AK
Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad
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