Bhola Aajivika Swyam Sahayta Samooh Thru. Its… — Writ and Judicial Review | Allahabad HC (2025)

Bhola Aajivika Swyam Sahayta Samooh Thru. Its… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Clarification that the petitioner may participate in the fresh meeting directed by the order dated 02.04.2025 and will not be denied the right to participate solely on the reasoning that the petitioner is not eligible.

Issue for consideration

Whether the reasonings recorded for non-suiting the petitioner (after document verification for appointment as fair price shop dealer) are arbitrary and contrary to the record. +1 more

Court's answer

Prima facie, the reasonings recorded for non-suiting the petitioner are not justified.

Ratio / Principle

Since a fresh meeting has already been called, the court saw no reason to interfere in exercise of powers under Art. 226 of the Constitution.

Key takeaways

The petitioner is entitled to participate in the meeting directed to be held in pursuance to the order dated 02.04.2025.ratio¶¶10
The petitioner will not be denied the right to participate solely on the reasoning that the petitioner is not eligible for participation.ratio¶¶10

Detailed headnote1 paragraphs

Writ petition WRIT - C No. - 3590 of 2025 (Bhola Aajivika Swyam Sahayta Samooh thru. its Treasurer Smt. Reeta Arya v. State of U.P. thru. Prin. Secy., Deptt. of Rural Development, Lko. and others), High Court of Judicature at Allahabad, Lucknow Bench, decided by Hon'ble Pankab Bhatia, J. on 25.4.2025 (Neutral Citation No. 2025:AHC-LKO:23683). The petitioner, found eligible and called for verification of documents relating to appointment as a fair price shop dealer, was non-suited on the ground that its documents were wanting in certain respects, following which an order dated 02.04.2025 directed a fresh meeting for election of the fair price shop dealer. Holding that, prima facie, the reasons recorded for non-suiting the petitioner — the sole participant in the first round — were not justified, but that no interference was warranted under Article 226 since the fresh meeting had already been called, the court disposed of the petition, clarifying that the petitioner remains entitled to participate in that meeting and shall not be denied participation solely on the reasoning that it is not eligible.

Neutral Citation No. - 2025:AHC-LKO:23683

Court No. - 6

Case :- WRIT - C No. - 3590 of 2025 Petitioner :- Bhola Aajivika Swyam Sahayta Samooh Thru. Its Treasurar Smt. Reeta Arya Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Rural Development,Lko. And 7 Others Counsel for Petitioner :- Dinesh Kumar Ojha Counsel for Respondent :- C.S.C.,Pankaj Gupta

Hon'ble Pankaj Bhatia,J.

1. Heard learned counsel for the petitioner, learned Standing Counsel for the State and Shri Pankaj Gupta, learned counsel for respondent no.8.

2. Present petition has been filed alleging that the petitioner being found eligible was called for for verification of the documents which according to the petitioner was submitted, however, the same were to be wanting in certain respect and ultimately an order came to be passed on 02.04.2025 directing that a fresh meeting be called for election of a person entitled to be appointed as a fair price shop dealer.

3. Contention of learned counsel for the petitioner is that the reasonings recorded for non-suiting the petitioner are wholly arbitrary and contrary to the record.

4. On the basis of the said, instructions have been produced by learned Standing Counsel.

5. Considering the fact that in the first round it was only the petitioner who had participated, although, prima-facie , the reasonsings recorded for non-suiting the petitioner are not justified, however, considering the fact that a fresh meeting has already been called, I do not see any reason to interfere in exercise of powers under Art. 226 of the Constitution.

6. However, it is clarified that the petitioner would be entitled to participate in the meeting directed to be held in pursuance to the order dated 02.04.2025 and the petitioner will not be denied the right to participate solely on the reasoning that the petitioner is not eligible for participation.

7. Present petition stands disposed off in above terms.

Order Date :- 25.4.2025 nishant

Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench