VINAY PATEL Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Priyam Mishra, learned counsel for petitioner as well as learned Standing Counsel for respondent Nos. 1 to 3 and Ms. Nandini Pandey, learned counsel for respondent No. 5.

(2.) Present writ petition has been filed by assailing the order of the appellate authority merely on the ground that the petitioner who is a subsequent allottee was never given an opportunity of hearing either by the prescribed authority or by the appellate authority and hence the order is illegal and arbitrary and deserves to be set aside.

(3.) In support of his arguments, he has relied upon the judgment of the Ho'nble Supreme Court in the case of Ram Kumar Vs. State of Uttar Pradesh and Ors, 2022 SCC OnLine SC 1312 wherein it has been held that even if a subsequent allottee does not have an independent right, he/she still has a right to be heard and to make submissions defending the order of cancellation."