Hon'ble Devendra Kumar Arora,J.
The petitioner has prayed for issuing a writ of mandamus commanding the opposite party no. 2. i.e. Deputy Commissioner (Food), Lucknow Division, Lucknow to pronounce the final order in the Appeal no. 844 of 2009 which has been finally heard on 19.05.2010 and not to give effect to the resolution dated 26.05.2010 passed by the concerned Gram Sabha for allotment of shop in question in favour of opposite party no.3.
The petitioner hopes to succeed in the appeal, therefore he submits that the opposite parties may be restrained from making allotment of shop to third party.
We are of the view that the essential commodities are the public property and those are required to be distributed in public. Therefore, we are not inclined to issue any such restrain order.
Keeping in view the facts and circumstances of the case, we hereby provide that the allotment made in favour of the opposite party no.3 shall be subject to decision of appeal.
With the aforesaid observation and direction the writ petition is disposed of finally.
Order Date :- 25.6.2010 Sanjeet