TAHIR ALI Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner Tahir Ali was fair price shop dealer of Gaon Sabha Nandgaon. A new Gaon Sabha of Sheesham Kheda was carved out from Gaon Sabha Nandgaon. Therefore the respondent no.-2/SDM had passed impugned order dated 16.11.2016 directing respondent no.-3/ Block Development Officer, Mirganj to ensure that proceeding should be initiated for appointment of new fair price ship dealer of vacant shop of Gaon Sabha Nandgaon. This impugned order has been challenge through present writ petition.

(2.) Learned counsel for the petitioner submitted that although Gaon Sabha Sheesham Kheda has been carved out from Gaon Sabha Nandgaon, but no delimitation was made for this new village Sheesham Kheda or Nandgaon. Therefore, impugned order, in which new delimitation of Nandgaon was mentioned is erroneous and this order should be quashed.

(3.) These submissions were refuted by learned Standing Counsel on the basis of instructions received and filed before this Court. He submitted that after carving out of village Sheesham Kheda, it is found that petitioner is resident of village Sheesham Kheda and his existing fair price shop is situated within village Sheesham Kheda; Therefore, it was directed that petitioner be permitted to continue as fair price shop dealer of this village Sheesham Kheda, and for Gram Sabha Nandgaon a new fair price shop should be opened. He further submitted that petitioner has no legal right to challenge opening of new fair price shop. He further submitted that by specific order dated 24.11.2016, respondent no.-3/SDM had specified these facts that there would be different fair price shops for different Gram Panchayats of Sheesham Kheda and Nandgaon, because Government Order dated 18.05.1999 directs that in every Gram Panchayat separate fair price shops should be opened so that essential commodities may be distributed conveniently to card-holders. So for the card-holders of village Nandgaon separate shop should be opened.