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Poonam v. State of U.P.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 6774 of 2015)Decided 29 Oct 2015
Civil Appeal No. 6774 of 2015
Justice Dipak Misra · Justice R. Banumathi

Background

A fair price (ration) shop in Ardauna village, Mau district, was allotted to Arvind Kumar, but after complaints about non-distribution of essential goods, his licence was suspended and then cancelled in July 2008. The vacated shop was allotted to Poonam, who had been appointed under the visually handicapped quota. When the Commissioner set aside the cancellation on appeal and restored Arvind Kumar's allotment, Poonam challenged that order in the High Court, which dismissed her writ petition because a later allottee had no independent right.

Decision Breakdown

The Supreme Court dismissed the appeal without deciding whether the cancellation itself was justified, because the question before it was Poonam's right to challenge the order. It held that a subsequent allottee of a shop that fell vacant is neither a necessary nor a proper party when the original allottee's cancellation is set aside on appeal, since her position exists only because of that vacancy. The State, not the new allottee, was the proper party to challenge the appellate order, and the Court found that her right to continue would have been lost had the original allottee lost the appeal. The Court distinguished cases where land vested under a statute has been handed to landless persons, who have their own rights to retain possession and must be impleaded.

Lesson Learnt

If you take over a post, licence or shop only because someone else's allotment was cancelled, you do not automatically gain the right to challenge a later decision that restores the original holder. Your rights are only as strong as the vacancy that gave them to you.

Official source (sci.gov.in)View Judgment (PDF)

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