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Allahabad High Court

SAHUMATA SWAYAM SAHAYATA SAMUH AND ANOTHERversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

A subsequent allottee has no locus standi to challenge the order of appeal before the High Court.

Summary

The petitioners, who are subsequent allottees, filed a writ petition challenging an order of appeal that restored a fair‑price‑shop licence to the contesting respondents. The appeal had been allowed after the petitioners were heard as subsequent allottees. The petitioners contended that the order was erroneous and sought its set‑aside. The Court relied on its earlier decision in Anil Kumar v. State of U.P. (2020) which held that once a subsequent allottee is heard in the appeal, he/she has no locus standi to challenge the order before the High Court. Accordingly, the Court found no reason to interfere and dismissed the writ petition as lacking merit, leaving the licence restoration intact.

Issues considered

  • Whether a subsequent allottee has locus standi to challenge an order of appeal restoring a licence after being heard in that appeal.

Subjects

  • fair price shop
  • subsequent allottee
  • locus standi
  • writ petition
  • appeal
  • High Court

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 39703 of 2026

                                    Sahumata Swayam Sahayata Samuh And Another
                                                                                                .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 5 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)         : Nagendra Pratap Singh
                                    Counsel for Respondent(s)         : C.S.C., Rameshwar Prasad Shukla

                                    Court No. - 36
                                                HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. Heard learned counsel for petitioner and learned counsel for
                                    respondents.

                                    2. The petitioner being subsequent allottee was heard and only thereafter
                                    appeal filed by contesting respondent was allowed and license of fair
                                    price shop was restored in favour of contesting respondent.

                                    3. Now, the petitioner has challenged order of appeal on merit, however,
                                    in the light of a judgment passed by this Court in Anil Kumar vs. State
                                    of U.P. and others, 2020:AHC:78910 that once subsequent allottee was
                                    heard in appeal, he/she has no lis to challenge the same before this Court.

                                    4. In view of above, this Court does not find any reason to interfere in the
                                    impugned order, therefore, writ petition lacks merit, hence, dismissed.



                                                                               (Saurabh Shyam Shamshery,J.)
                                    September 30, 2026
                                    N. Sinha




Digitally signed by :-
NIRMAL SINHA
High Court of Judicature at Allahabad


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