Allowed

Radhey Shyam v. State of U.P. Thru. Prin. Secy. Addl. Chief Secy. Food and Civil Supply Govt. Lko. and 3 Others

Allahabad HC13 Feb 2024/1111/2024

Case brief

AI extract

What is this about?

This single-judge bench in the Allahabad High Court allowed a writ petition filed by Radhey Shyam seeking the opening of a new fair price shop in a village with 5056 units, citing a Government Order (05.08.2019) requiring action above 4000 units despite a lower Direction Order (18.02.2021) setting a higher threshold of 8000 units. The court directed the Sub Divisional Magistrate to reconsider the

What did the court decide?

Respondent directed to consider opening of new fair price shop within two months considering the Government Order dated 05.08.2019 and D.O dated 18.02.2021.

Radhey Shyam Vs State of U.P. Thru. Prin. Secy… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:12988

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Court No. - 5

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Case :- WRIT - C No. - 1111 of 2024

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Petitioner :- Radhey Shyam

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Respondent :- State Of U.P. Thru. Prin. Secy. Addl. Chief Secy. Food And Civil Supply Govt. Lko. And 3 Others Counsel for Petitioner :- Umesh Singh

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Counsel for Respondent :- C.S.C.,Mohan Singh

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Hon'ble Abdul Moin,J.

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Heard learned counsel for the petitioner, Sri Nitin Mathur, learned Additional Chief Standing counsel appearing on behalf of the respondents no. 1 to 3 and Sri G.S.Chaurasia, Advocate holding brief of Sri Mohan Singh, learned counsel appearing on behalf of of the respondent no. 4.

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With the consent of learned counsels appearing on behalf of the contesting parties, the instant writ petition is being finally decided.

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Instant writ petition has been filed praying for a mandamus commanding the respondents to create an additional/new fair price shop in Village- Pahadpur, Khaudhai, Block- Ram Nagar, Tehsil- Alapur District- Ambedkar Nagar on the ground that the units in the village are above 4000.

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The Court had required the learned Standing counsel to seek instructions as to number of units in the said village.

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Today, Sri Nitin Mathur, learned Additional Chief Standing counsel on the basis of instructions sent by Sub Divisional Magistrate, Alapur District- Ambedkar Nagar dated 08.02.2024 states that there are 5056 units in the said village. Reliance has been placed on a D.O dated 18.02.2021 to contend that after considering the earlier Government orders issued in this regard it has been decided that there should be strict adherence to the earlier Government orders for opening of new fair price shop but an additional fair price shop should only be opened where the number of units reached 8000. It is contended that as there are only 5056 units in the said village consequently, there would not be any occasion for opening of new fair price shop.

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Having heard the learned counsel appearing on behalf of the contesting parties and having perused the records it emerges that instant writ petition has been filed praying for opening of fair price shop on the ground that the number of units in the said village are above 4000. As per the instructions of the learned Additional Chief Standing counsel, there are 5056 units.

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Opening of a new fair price shop is governed by the Government order dated 05.08.2019 which categorically provides in paragraph III (2) that where number

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of units exceeds 4000 then an additional fair price shop can be opened but it should be ensured that the corresponding units for both the shops remain the same. While issuing the D.O dated 18.02.2021 it has been required that there should be strict adherence to the earlier Government orders issued in this regard meaning thereby that the D.O dated 18.02.2021 would have to adhere to the Government order dated 05.08.2019. Once the Government order provides for opening of fair price shop after number of units exceed 4000 units and admittedly there are 5056 units in the village in question as such, the D.O requiring for opening of a new fair price shop only when the number of units reached 8000 and at the same time requiring strict adherence to the Government order issued in this regard do not appear to be in sync with each other.

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Keeping in view the aforesaid, the writ petition is disposed of with the direction to the respondent no. 3 i.e Sub Divisional Magistrate, Alapur, DistrictAmbedkar Nagar to consider the opening of new fair price shop in the village in question keeping in view the discussion made above, the Government order dated 05.08.2019 as well as the D.O dated 18.02.2021.

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Let such consideration be done within a period of two months from the date of receipt of a certified copy of this order.

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Order Date :- 13.2.2024 Pachhere/-

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Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench

Radhey Shyam v. State of U.P. Thru. Prin. Secy. Addl. Chief Secy. Food and Civil Supply Govt. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Radhey Shyam v. State of U.P. Thru. Prin. Secy. Addl. Chief Secy. Food and Civil Supply Govt. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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