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Gama Ram vs State Of U.P on 9 February, 2015

Bench: Madan B. Lokur, Uday Umesh Lalit

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                                         IN THE SUPREME COURT OF INDIA
                                          CIVIL APPELLATE JURISDICTION


                                       CIVIL APPEAL NO. 1823    OF 2015
                                     (Arising out of SLP(C)NO. 3453/2014)


                              Gama Ram                                    Appellant(s)

                                                   VERSUS

                              State of U.P. & Ors.                        Respondent(s)



                                                   O R D E R

Leave granted.

2. Heard learned counsel for the parties in respect of the order dated 31.10.2013 passed by the Allahabad High Court in WP(C)NO. 30838/2012 and its earlier order dated 8.8.2013.

3. The grievance of the appellant is that respondent no.6 was granted a licence to run a Fair Price Shop even though he was living with his brother (a Village Pradhan) and they were sharing the same mess. According to the appellant, the allotment of the Fair Price Shop was contrary to paragraph 4.7 of the Government Order dated 3.7.1990/18.7.2000 relating to selection of Fair Price Shop in rural areas for public distribution system.

Digitally signed by Suman Wadhwa Date: 2015.02.12 13:20:44 IST Reason:

4. It has been pointed out that the State in its affidavit in the High Court had stated that respondent No.6 was in  2 fact living with his brother and both were sharing the same mess. Unfortunately, the High Court while allowing the writ petition did not take this into consideration.

5. In our opinion this was an important material fact which went to the root of the question whether respondent No.6 was entitled to the Fair price Shop.

6. In the absence of the High Court having considered the counter affidavit of the State and the specific averment made therein, we set aside the impugned order and remand the matter back to the High Court for fresh consideration on merits.

7. The appeal is disposed of accordingly.

....................J. (MADAN B. LOKUR) ....................J. (UDAY UMESH LALIT) New Delhi;

Date: 9.2.2015.

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ITEM NO.57                    COURT NO.8               SECTION XI

                 S U P R E M E C O U R T O F       I N D I A
                         RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C)       No(s).   3453/2014

(Arising out of impugned final judgment and order dated 31/10/2013 in CMWP No. 30838/2012 passed by the High Court Of Judicature at Allahabad) GAMA RAM Petitioner(s) VERSUS STATE OF U.P & ORS Respondent(s) (with appln. (s) for permission to file addl. documents and interim relief and office report) Date : 09/02/2015 This petition was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. Manoj K. Mishra,Adv. Mr. Sandeep Kumar Dwivedi,Adv.

Mr. Bheem Pratap Singh,adv. Mr. Rinku Mishra,Adv.

For Respondent(s) Mr. Sanjay Kumar Tyagi,Adv. Mr. Prashant Tyagi,Adv. Mr. Shiv Ram Pandey,Adv.

UPON hearing the counsel the Court made the following O R D E R Leave granted.

The appeal is disposed of in terms of the signed order.

             (SUMAN WADHWA)                        (JASWINDER KAUR)
               AR-cum-PS                             COURT MASTER

(SIGNED ORDER IS PLACED ON THE FILE)