LACHHMINA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) THE six petitioners in this writ petition have been issued letters of authorisation by the competent authority to run fair price shops which are valid upto 31-12-1992. In the present writ petition the Government Order issued on 19- 2-1992 has been challenged on the ground that certain provisions of the aforesaid Government Order are liable to be struck down on the ground that they are in conflict with the U. P. Scheduled Commodities Distribution Order, 1990 (hereinafter referred to as the Order 1990) and that they lay down conditions which are arbitrary, Specific challenge is to conditions laid down in Clauses 1, 2, and 6 of the Government Order dated 19-2-1992.

(2.) HEARD learned counsel for (the petitioners and the Standing Counsel. As the questions raised in the present writ petition are purely legal questions the present writ petition is being decided finally in accordance with the Rules of the Court.

(3.) AS far as condition no 1 laid down in the Government Order dated 19-2-1992 is concerned the same only lays down that the screening committee will examine whether the person in whose favour the authorisation order to run a fair price shop has been issued, has got financial capacity to lift the monthly quota or not. In our opinion the condition which has been laid down cannot be said to be arbitrary and on the other hand is a perfectly valid condition. In case the person in whose favour the authorisation order to run a fair price shop has been granted has got no financial capacity to lift the monthly quota a situation may arise when from the fair price shop which has been given to him there may not be any distribution of the essential commodities This condition therefore in our opinion does not suffer from any vice.