Dismissed

Uday Raj v. State of U.P. Thru. Prin. Secy. Food and Civil Supply Lko. and 3 Others

Allahabad HC15 Oct 2025WRIC/9839/2025

Case brief

AI extract

What is this about?

Petitioner sought a direction to decide his representation against grant of a fair price shop licence to respondent No.4, alleging violation of the 2019 Government Order barring licensees facing Essential Commodities Act criminal proceedings. The State argued the GO post-dated the 2018 licence and had no retrospective effect; the court agreed and dismissed the petition.

What the court decided

AI extract

Uday Raj Vs State of U.P. Thru. Prin. Secy. Food… — Writ and Judicial Review | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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WRIT - C No. - 9839 of 2025

Uday Raj

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Food And Civil Supply Lko. And 3 Others

¶7

y .		...	..Respondent(s)
Counsel for Petitioner(s)	: Amit Gupta, Deepak Kum Yadav	As ar,	hutosh Kumar, Vinay Kumar
Counsel for Respondent(s)	: C.S.C.

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Court No. - 17

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HON'BLE SUBHASH VIDYARTHI, J.

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Heard Shri Amit Gupta, the learned counsel for the petitioner and Shri Hariom Singh, the learned State Law Officer.

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By means of the instant petition, the petitioner has sought issuance of a direction to the respondent No.2- Sub-Divisional Magistrate, Gauriganj, Amethi to consider and decide the petitioner's representation dated 08.09.2025 whereby the petitioner has raised a grievance against the grant of fair price shop license to the respondent No.4 made on 27.03.2018.

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Grievance of the petitioner is that earlier the fair price shop license was granted to Hari Prasad, father of the respondent No.4 against whom criminal proceedings for commission of offence under Section 3/7 of the Essential Commodities Act were instituted.

¶13

Learned counsel for the petitioner has submitted that the Government Order dated 05.08.2019 prohibits allotment of a fair price shop license to any person, who or his family members, has faced such criminal proceedings. He has submitted that the fair price shop license has been granted to the respondent No.4 in violation of the provisions contained in aforesaid Government Order dated 05.08.2019.

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Refuting the aforesaid submissions, the learned State Counsel has submitted that the fair price shop license has already been granted to the respondent No.4 in the year 2018 and when the Government Order dated 05.08.2019 was not in existence. He has submitted that the Government

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WRIC No. 9839 of 2025

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Order dated 05.08.2019 does not have any retrospective operation and, therefore, the fair price shop license granted to the respondent No.4 cannot be cancelled on the ground of violation of conditions of Government Order dated 05.08.2019.

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These submissions could not be refuted by the learned counsel for the petitioner and I find force in the aforesaid submissions of the learned State Counsel.

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Accordingly, the writ petition lacks merit and the same is hereby dismissed .

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October 15, 2025 -Amit K-

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(Subhash Vidyarthi,J.)

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Uday Raj v. State of U.P. Thru. Prin. Secy. Food and Civil Supply Lko. and 3 Others

Case brief

What is this about?

What the court decided

Uday Raj v. State of U.P. Thru. Prin. Secy. Food and Civil Supply Lko. and 3 Others

Case brief

What is this about?

What the court decided

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