Hote Lal vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Hote Lal vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: petitioner's objection dated 25.02.2025 pending before respondent No.2-Sub Divisional Officer to be decided expeditiously, preferably within thirty days of production of a certified copy of the order; allotment proceedings for the fair price shop dealer to be completed only after decision on the objection; petitioner permitted to file fresh supporting documents within ten days.

Issue for consideration

Whether the proceedings for allotment of the fair price shop dealer may be completed before decision on the petitioner's objection dated 25.02.2025 pending before respondent No.2-Sub Divisional Officer, Tehsil Chandausi, District Sambhal. +1 more

Court's answer

The objection of the petitioner dated 25.02.2025 pending before respondent No.2-Sub Divisional Officer, Tehsil Chandausi, District Sambhal, shall be decided expeditiously, preferably within thirty days from the date of production of a certified copy of this order.

Ratio / Principle

Proceedings for allotment of the fair price shop dealer shall be completed only after decision on the objection of the petitioner.

Key takeaways

The petitioner is at liberty to file fresh documents in support of his objection within ten days from the date of the order.ratio¶¶14

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (WRIT - C No. - 7340 of 2025; Hon'ble Vikram D. Chauhan, J.; Order Date 12.3.2025): Petition by Hote Lal concerning selection of Fair Price Shop Dealer at village Chabra, Block Baniyakheda, Tehsil Chandausi, District Sambhal after expiry of the incumbent dealer. The petitioner sought quashing of an open meeting scheduled on 03.03.2025 for selection under Scheduled Caste (Group) reserved category, calculation of reservation per the Government Order dated 5th August, 2019, and allocation of a seat to an open/general category candidate, contending the shop had been reserved for Scheduled Caste category with undue priority to Self Help Groups and that the Gram Pradhan being of Other Backward Class made the Scheduled Caste reservation improper. The Court did not adjudicate the reservation question. Noting the petitioner's objection dated 25.02.2025 remained undecided before respondent No.2-Sub Divisional Officer while appointment proceedings were continuing, the Court disposed of the petition, directing that the objection be decided expeditiously preferably within thirty days from production of a certified copy of the order, that allotment proceedings be completed only after decision on the objection, and allowing the petitioner to file fresh documents in support of his objection within ten days.

Neutral Citation No. - 2025:AHC:36098

Court No. - 33

Case :- WRIT - C No. - 7340 of 2025

Petitioner :- Hote Lal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- S.M. Iqbal Hasan Counsel for Respondent :- C.S.C.

Hon'ble Vikram D. Chauhan,J.

Heard learned counsel for the petitioner and learned Standing Counsel for the State.

The present writ petition is filed with the following prayer:

"i.Issue a writ, order or direction in the nature of certiorari quashing the holding of an open meeting which is scheduled to be on 03.03.2025 with regard to selection of Fair Price Shop Dealer under Scheduled Caste (Group) reserved category and its consequential orders.

ii. Issue a writ order or direction in the nature of mandamus directing the respondent-authorities to apply and calculate the reservation as per the provision of the Government Order dated 5th August, 2019 and allocate the seat to the open/general category candidate for the selection of Fair Price Shop Dealer at village Chabra, Block Baniyakheda, Tehsil Chandausi, District Sambhal."

It is submitted by learned counsel for the petitioner that the fair price shop dealer has expired thereafter fresh proceedings for appointment of fair price dealer were initiated. The fair price shop has been reserved for Scheduled Caste category and for Self Help Groups although there are priority to the Self Help Groups and no reservation is in favour of Self Help Groups. He further submits that even otherwise the Gram Pradhan of the village, in question, belongs to Other backward Class category and as such reservation of the Scheduled Caste category is not in accordance with law.

Learned counsel for the petitioner submits that petitioner has filed an objection dated 25.02.2025, however, till date no order is passed and they are proceeding to appoint fair price shop dealer without deciding the objection. The direction may be issued for

expeditious disposal of the same.

Learned Standing Counsel submits that objection of petitioner would be decided in a time bound manner.

Considering the facts and circumstances of the case, it is hereby directed that the objection of the petitioner dated 25.02.2025 pending before respondent No.2-Sub Divisional Officer, Tehsil Chandausi, District Sambhal, be decided expeditiously preferably within a period of thirty days from the date of production of a certified copy of this order. The proceeding for allotment of fair price shop dealer shall be completed only after decision on the objection of the petitioner. The petitioner would be at liberty to file fresh documents in support of his objection within a period of ten days from today.

With the aforesaid observation/direction, the writ petition stands disposed of.

Order Date :- 12.3.2025 S.Prakash

Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad