Disposed

Shiv Shankar Self Help Group v. State of U.P. and 5 Others

Allahabad HC23 May 2022WRIC/13343/2022

Case brief

AI extract

What is this about?

In a writ petition, the petitioner challenged an appellate order remanding a dispute over fair price shop allotment to Self Help Groups. The High Court declined interference as the matter was pending before the original authority but modified the appellate order to grant an open remand, directing both parties to hear the matter afresh within one month based on current government policy.

What did the court decide?

The appellate order modified to provide an open remand; original authority directed to decide within one month based on current policy without binding to previous findings.

Shiv Shankar Self Help Group Vs State of U.P. and 5 Others — Allahabad HC (2022) — LawSathi Research

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Court No. - 38

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Case :- WRIT - C No. - 13343 of 2022

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Petitioner :- Shiv Shankar Self Help Group Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Shambhavi Nandan Counsel for Respondent :- C.S.C.,Pradeep Singh,Ram Prakash

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Hon'ble Saumitra Dayal Singh,J.

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Heard Sri Shambhavi Nandan, learned counsel for the petitioner, Sri Ram Prakash, learned counsel for the private respondent and learned Standing Counsel for the State.

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Challenge has been raised to the order dated 18.04.2022 passed by the Commissioner, Vindhyachal Division in Case No.-163 of 2022 (Smt. Gayatri Devi Vs Smt. Meena Devi & Others). By that order, the appellate authority has set aside the order dated 27.10.2021 passed in favour of the petitioner.

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Submission of learned counsel for the petitioner is, since three applicants for allotment of fair price shop at Gram Panchayat-Gotawa, Post-Jamua, Development Block-Majhawa, Tehsil-Sadar, District-Mirzapur were Self Help Groups, voting result of the open meeting of the Gram Panchayat was extraneous. Relying on Clause-3 of Government Order dated 7 July, 2020, it has been submitted, in this case, the decisive factor would be the number of active members in each Self Help Group. That applicant/Self Help Group that may have the highest number of active members would be chosen for allotment of the fair price shop. Only in the event of active members being equal, the next factor of better results in the balance sheet, may be examined. In no situation, the majority view of the Gram Panchayat would be relevant in the context of allotment of fair price shop between Self

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Help Groups.

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On the other hand, learned counsel for the private respondent would contend that the said respondent had been allotted highest number of votes at the open meeting. Therefore on that count, the private respondent was entitled to allotment.

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On such and other rival contention being advanced by learned counsel for the parties, it cannot be disputed, at present, the appellate authority has remitted the matter to the original authority. The matter is thus pending. In face of such remand order, interference claimed under Article 226 of the Constitution of India is declined, inasmuch as, the matter is pending before the original authority.

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However in light of the contentions advanced made by learned counsel for the parties, it is provided, the impugned order of the appellate authority is modified to the extent it may provide for open remand. No findings recorded by the appellate authority may bind the original authority. He may hear the parties afresh in the context of the existing/current Government policy and may proceed to pass appropriate order regarding allotment of the above described fair price shop, as expeditiously as possible, preferably within a period of one month, from the date of production of copy of this order, by either party.

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With the above observations, the writ petition is disposed of .

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Order Date :- 23.5.2022 S.Chaurasia

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Digitally signed by SHUBHAM CHAURASIA Date: 2022.05.23 17:16:27 IST Reason: Location: High Court of Judicature at Allahabad

Shiv Shankar Self Help Group v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

Shiv Shankar Self Help Group v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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