Allahabad High Court
Manish Kumar And Another vs State Of U.P. And 4 Others on 17 December, 2019
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- WRIT - C No. - 41652 of 2019 Petitioner :- Manish Kumar And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ramesh Kumar Mishra,Gyanendra Kumar Mishra Counsel for Respondent :- C.S.C.,Diwakar Singh Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners, learned Standing Counsel for the State and perused the record.
By means of this writ petition, petitioners have prayed for a writ, order or direction in the nature of Mandamus directing/commanding the Sub Divisional Magistrate, Soraon, Allahabad to take appropriate decision for cancellation of Fair Price Shop of respondent no. 5 in view of Govt. Order dated 18.7.2002 on the representation dated 1.11.2018/18.9.2019 of the petitioners within time bound framed period.
It is submitted that in year 2015, father of the respondent no. 5 was elected as Village Pradhan of Village Aurwan, Block Holagarh, Tehsil Soraon, District Allahabad/Prayagraj and is still continuing as Village Pradhan of the said Village.
Learned counsel for the petitioners has placed reliance upon the Government Order dated 18/7/2002, which provides that the licence of fair price shop will be cancelled in case the licensee or his family members as mentioned therein are elected as Pradhan or Up-Pradhan. It is further submitted that petitioners have moved representations to the respondent no. 2 for taking appropriate action pursuant to the said Government Order dated 18.7.2002 which is still pending consideration and hence the appropriate authority be directed to decide the same in accordance with law.
Learned Standing Counsel does not dispute the aforesaid contention and states that in case the said representation is still pending same shall be considered and disposed off in accordance with law.
Having considered the facts and circumstances of the case, but without prejudice to the merits of the case, the writ petition is finally disposed off with direction to the respondent no. 2 i.e. Sub Divisional Magistrate, Soraon, Allahabad/Praygraj to consider and decide the representation dated 1.11.2018/18.9.2019, pending before it, in accordance with law within a period of one month from the date of production of certified copy of this order.
Order Date :- 17.12.2019/RavindraKSingh