Harnam vs State of U.P. Thru. Prin. Secy. Food and Civil Supplies U.P. Lko. and 2 Others — Allahabad HC (2026) — LawSathi Research

Harnam vs State of U.P. Thru. Prin. Secy. Food and Civil Supplies U.P. Lko. and 2 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Neither prayer allowed; the writ petition was disposed of with a direction to respondent no. 2 (Joint Commissioner (Food), Lucknow Division, Lucknow) to decide the pending appeal expeditiously, preferably within two months of production of a certified copy of the order.

Issue for consideration

Whether the Court should interfere with the order dated 22.12.2025 rejecting the petitioner's interim relief application in the pending appeal, given the possibility of the fair price shop being allotted to another person during the pendency of the appeal. +1 more

Court's answer

Even if the fair price shop is allotted to some other person during the pendency of the appeal, such subsequent allotment would not confer any perpetual right, and the petitioner would be entitled to restoration of the fair price shop in the event the appeal is finally allowed.

Ratio / Principle

The petitioner would not suffer any irreparable loss due to rejection of the interim relief application or any subsequent allotment of the fair price shop; consequently, the Court found no ground to interfere with the impugned order dated 22.12.2025 insofar as it rejected the interim relief application.

Key takeaways

Respondent no. 2, the Joint Commissioner (Food), Lucknow Division, Lucknow, was directed to decide the petitioner's pending appeal in accordance with law, expeditiously, preferably within a period of two months from the date a certified copy of the order is produced before him.ratio¶20

Detailed headnote1 paragraphs

Writ-C No. 592 of 2026, High Court of Judicature at Allahabad (Lucknow Bench), Court No. 25, decided 28.01.2026 (Amitabh Kumar Rai, J.). Harnam, licensee of a fair price shop at Village Panchayat Banjariya, Vikas Khand Nakaha, Tahsil Sadar, District Kheri, whose licence was suspended and then cancelled by order dated 09.09.2025 (Opposite Party No. 3) after a complaint to the Sub-Divisional Magistrate dated 05.07.2024, appealed under Section 13(3) of the Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 (appeal filed 09.10.2025); Opposite Party No. 2 (Joint Commissioner (Food), Lucknow Division) rejected his interim relief application by order dated 22.12.2025. Held: a subsequent allotment of the fair price shop during the pendency of the appeal would confer no perpetual right, and the petitioner would be entitled to restoration if the appeal were finally allowed; he would therefore suffer no irreparable loss, and the Court declined to interfere with the rejection of interim relief. The writ petition was disposed of with a direction to respondent no. 2 to decide the appeal expeditiously, preferably within two months of production of a certified copy of the order.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - C No. - 592 of 2026

Harnam

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Food And Civil Supplies U.P. Lko. And 2 Others

.. .	.....Respondent(s)
Counsel for Petitioner(s)	: Satish Kumar Sharma
Counsel for Respondent(s)	: C.S.C.

Court No. - 25

HON'BLE AMITABH KUMAR RAI, J.

Heard learned counsel for the petitioner and learned counsel for the State.

The instant writ petition has been filed by the petitioner for the following reliefs :-

i.) A writ order or direction in the nature of CERTIORARI thereby quashing the part of order dated 22.12. 2025 passed by the opp. party No.2 in appeal bearing appeal No4790/2025 computerized case No. C- 202510000004790(Harnam versus State of U.P. & others) U/S 13(3) of the Essential Commodities (Regulation of Sale and Distribution Control) order, 2016, so far as it relates only rejecting the interim relief application contained as Annexure No. 1 to this writ petition.

ii.) A writ, order or direction in the nature of MANDAMUS be issued commanding the opposite parties not to implement the order dated 09.09.2025 passed by the Opp. Party NO.3 contained as Annexure no.4.

It is the case of the petitioner that he is the licensee of a fair price shop of Village Panchayat Banjariya, Vikas Khand Nakaha, Tahsil Sadar, District Kheri. On the basis of a complaint moved before the Sub-Divisional Magistrate on 05.07.2024, the licence of the petitioner was initially suspended and thereafter cancelled vide order dated 09.09.2025. Thereafter, the petitioner preferred an appeal under Section 13(3) of the Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016, in which the application for interim relief was rejected. Rule 13(3) of the Essential Commodities

WRIC No. 592 of 2026

2

(Regulation of Sale and Distribution Control) Order, 2016 itself provides that the appeal shall be decided within a period of 60 days. The appeal was filed on 09.10.2025 and the said period of 60 days has already expired.

On a query made to the learned counsel for the petitioner as to whether the fair price shop has been allotted to someone, he states that it has not been allowed yet.

This Court is of the view that even if the fair price shop is allotted to some other person during the pendency of the appeal, such subsequent allotment would not confer any perpetual right, and the petitioner would be entitled to restoration of the fair price shop in the event the appeal is finally allowed. Thus, the petitioner would not suffer any irreparable loss due to rejection of the interim relief application or any subsequent allotment of the fair price shop. Hence, this Court does not find any ground to interfere with the impugned order dated 22.12.2025 insofar as it relates to rejection of the interim relief application filed by the petitioner.

However, it is provided that respondent no. 2, the Joint Commissioner (Food), Lucknow Division, Lucknow, shall decide the appeal of the petitioner pending before him in accordance with law, expeditiously, preferably within a period of two months from the date a certified copy of this order is produced before him.

Accordingly, the writ petition is disposed of .

January 28, 2026 Ashish Dewal

(Amitabh Kumar Rai,J.)

Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench