Petitioner sought writ direction for allotment of a fair price shop license after the erstwhile licensee's cancellation. The court held petition devoid of merit as Gaon Sabha was included in Municipal area, policy norms preclude further licenses, and petitioner not aggrieved.
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Court No. - 2
Case :- WRIT - C No. - 7742 of 2021
Petitioner :- Sumaira Bano Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Chandan Sharma,Abhishek Rai Counsel for Respondent :- C.S.C.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties.
Petitioner claims to be a resident of Gram Sabha Bakshi Moda, Kareli, Pargana and Tehsil Sadar, District Prayagraj. By the instant writ petition, petitioner seeks a direction to the respondent-Authority for initiating and finalizing proceedings regarding allotment of fair price shop in the Gram Sabha pursuant to the Government Orders dated 2 January 2018 and 17 August 2002.
It is admitted by the learned counsel for the petitioner that petitioner is not a licensee of the fair price shop of the said Gram Sabha. The instant writ petition has been filed for allotment of fair price shop as the license of the erstwhile licensee Zaquir Ali came to be cancelled by the Sub Divisional Officer vide order dated 16 January 2021. It is further urged that the license of Zaquir Ali is of over four decades and units of the Gaon Sabha has been attached to a nearby village which is approximately 3 kms. In this backdrop, it is prayed that a new license be allotted to the Gaon Sabha.
Learned Standing Counsel on instructions submits that the Gaon Sabha has since been included in the Municipal area on 1 January 2020. As per Government Order dated 5 August 2019, it is provided that in urban area a licensee shall be appointed on 4000 units, presently in the district Prayagraj, total units are 7,14,478 against which 309 license of fair price shop has been granted, whereas, as per norms i.e. 4000 units per license works out at 178 license. The policy decision of the authorities pursuant to Government Order does not infringe any right of the petitioner. In view thereof, stand taken by the authorities is that further license cannot be granted. Further, he submits that the petitioner is not an aggrieved person.
The writ petition being devoid of merit is, accordingly, dismissed.
Order Date :- 5.8.2021 S.Prakash
1 issue framed by the court
Whether the petitioner is entitled to be allotted a fair price shop license in the Gram Sabha.
Sumaira Bano
State Of U P
2 Others
Suneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
