Court No. - 45
Case :- WRIT - C No. - 17698 of 2018 Petitioner :- Smt. Lalmuni Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Upendra Upadhyay Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
The petitioner is a fair price shop dealer of village panchayat Baruin, District-Ghazipur. The grievance of the petitioner is that the petitioner had deposited the requisition amount and executed the documentation required for lifting of the essential commodities for the month of April, 2018. The contention of Shri Upendra Upadhyay, learned counsel for the petitioner is that some of the officials posed unnecessary impediments which prevented her from lifting the commodities. The hurdles created by some officials were arbitrary and intended to harass the petitioner.
Shri Sanjay Ram Tripathi, learned Standing Counsel on the basis of instructions submits that the petitioner had deposited the amount required for lifting of the commodities, however, she failed to actual lift the commodities. Consequently, the authorities distributed the foodgrains through another agency to ensure that supply of the foodgrains to the cardholders was not disrupted.
Rejoining the issue, Shri Upendra Upadhyay, learned counsel for the petitioner states that the petitioner had impeccable record of distribution as fair price shop dealer.
Shri Upendra Upadhyay, learned counsel for the petitioner submits that the petitioner is ready and willing to comply her part of the bargain namely, deposit of the amount required, completion of the formalities and lifting of the foodgrains and the authorities should not pose any unnecessary or illegal hurdle in the process.
In view of the aforesaid facts, it is open to the petitioner to submit a representation to that effect before the respondent authorities. The respondent authorities shall decide the representation in accordance with law within a period of two weeks from the date of receipt of a certified copy of this order along with a fresh copy of representation. In case, it is found that the petitioner has deposited the requisite amount in time, executed necessary documentation and completed the required formalities and is also willing to lift the essential commodities, the District Magistrate, Ghazipur, respondent No.2 shall ensure that no arbitrary or illegal hurdle is put by the officials and the petitioner shall be allowed to lift the commodities.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 28.5.2018 Ashish Tripathi