RAM DHYAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) In the aforesaid special appeal a Division Bench of this Court by an order dated 23rd April, 2004 referred two questions for the purpose of due consideration by a larger Bench. The questions so referred are as follows:

(2.) Whether a writ will lie in cases relating to fair price shops e.g. grant, cancellation, suspension, etc. of fair price shops.

(3.) Accordingly, a Full Bench consisting of three Judges was constituted to decide such question. Such Full Bench by its judgment and order dated 11th December (Sheet Gupta v. State of U.P. and Ors., 2010 1 ESC 273) answered the question saying that the special appeal is not maintainable under the provisions of Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952. It was further specifically held therein that Ram Dhyan Singh (supra) does not lay down the correct law.