Allahabad High Court

UMA SHANKAR RAWATversusSTATE OF U.P. AND 3 OTHERS

Decided: 30 September 2026
Bench: SAURABH SHYAM SHAMSHERY

Holding

The writ petition was disposed of without addressing the merits, with liberty granted to the petitioner to approach the concerned authority for the licence transfer.

Summary

Petitioner Uma Shankar Rawat filed a writ petition seeking the transfer of a Fair Price Shop licence that had been issued to his uncle. The petitioner argued that the High Court should direct the concerned authority to effect the transfer. Counsel for the petitioner requested that the petition be disposed of while granting the petitioner liberty to pursue the matter before the appropriate authority. The Court, without examining the merits of the transfer claim, disposed of the writ petition and granted the requested liberty. Consequently, the petition was not decided on substantive grounds, and the petitioner was left to approach the administrative authority for relief.

Issues considered

Whether the High Court should intervene in the transfer of a Fair Price Shop licence issued to a relative of the petitioner
Whether the petitioner is entitled to a writ directing the concerned authority to effect the transfer

Subjects

Fair Price Shop licence
transfer of licence
writ petition
administrative remedy
liberty to approach authority

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                             WRIT - C No. - 40004 of 2026

                                    Uma Shankar Rawat
                                                                                                  .....Petitioner(s)
                                                                         Versus

                                    State Of U.P. And 3 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)          : Avadhesh Singh, Jamal Ahmad Khan
                                    Counsel for Respondent(s)          : C.S.C.

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

                                    1. Sri Jamal Ahmad Khan, learned counsel for petitioner, after arguing for

                                    some time, submits that the writ petition may be disposed of with liberty to

                                    petitioner to pursue his case before concerned authority so far as transfer of

                                    fair price shop licence issued to his uncle is concerned.


                                    2. In aforesaid circumstances, without going into merit of case, the writ

                                    petition is disposed of with aforesaid liberty.


                                                                                  (Saurabh Shyam Shamshery,J.)
                                    October 1, 2026
                                    AK




Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad

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