LAWS(ALL)-2017-5-134

RAM PRAKASH Vs. STATE OF U.P.

Decided On May 30, 2017
RAM PRAKASH Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri Indra Raj Singh along with Sri Shashi Prakash Singh, Sri Ajay Singh Sengar, Sri S.K. Shukla, Sri Ashwani Kumar Mishra, Sri A.P. Singh, Sri Awadhesh Kumar Srivastava, Sri Mohd. Akram Ah. Rothey, Sri D. K. Srivastava, Sri S. N. Yadav, Sri Krishna Kant Singh, Sri Indra Raj Singh Yadav, Sri Pardeep Singh Sengar, Sri Ashok Kumar Tiwari, Sri Akhilesh Prasasd Tripathi, Sri Akhilesh Kumar Singh, Sri Suresh Narain Pandey, Sri Shailendra Singh, learned counsel for the petitioners, Sri Vishal Tandon, Sri Shamim Ahmad, Sri Vinod Kumar Sahu and Sri J.S.Upadhyay, learned Standing Counsel for the State respondents and learned counsel appearing for the concerned gaon sabhas.

(2.) In the aforesaid writ petitions, prayers have been made for issuing a writ of certiorari quashing the orders of appointment of fair price shop agents in respective gaon sabha.

(3.) Learned Standing Counsel as well as counsel for the gaon sabha have raised a preliminary objection with regard to maintainability of the writ petition. In their submissions, orders impugned in the respective writ petitions are appealable under Para 11 of the government order dated 3.7.1990 and appeal would lie before the Divisional Commissioner. Whereas the learned counsel for the petitioners have submitted that the government order dated 3.7.1990 has been repealed/superceded, therefore no appeal would lie.