Writ petition dismissed for lack of proof that the petitioner participated in the fair price shop allotment process; alleged proxy litigation upheld.
Petitioner's prayers dismissed as no case established for participation in allotment process.
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Court No. - 34
Case :- WRIT - C No. - 36021 of 2022
Petitioner :- Khushbu Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sriram Dhar Dubey,Gaurav Chauhan Counsel for Respondent :- C.S.C,Sudhir Bharti
Hon'ble Saurabh Shyam Shamshery,J.
Heard Sri B.P.Mishra, learned counsel for petitioner and learned Standing Counsel.
Petitioner has approached this Court with a contention that she has filed an application to participate in the process of allotment of a fair price shop. However, this averment was for the first time mentioned in supplementary affidavit as well as there is no documentary proof to the said contention.
Learned Standing Counsel on written instructions submits that it is a proxy litigation as existing Pradhan who failed to dislodge the process of allotment of fair price shop and that petitioner has not participated in the process.
Considering the above submission that the petitioner has no proof that she has participated in the process or refused to participate in the process which is affirmed from the written instructions as received from the State, petitioner has no case to consider the prayers made in this writ petition.
Accordingly this writ petition is dismissed.
Order Date :- 6.2.2023 SB
Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad
Khushbu Devi
State Of U.P.
Saurabh Shyam Shamshery
As recorded by the court registry
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