Court No. - 26
Case :- WRIT - C No. - 60672 of 2017 Petitioner :- Santosh Kumar Tripathi (Fair Price Shop Dealer) Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dinesh Kumar Yadav,Krishna Prakash Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J.
(ORAL) This writ petition has been filed by the petitioner praying for quashing of the proposal dated 10.10.2017 creating new fair price shop in village Narauli, Majre Garha, Block Vijaipur, District Fatehpur and also praying for a mandamus to be issued to the Licensing Authority to distribute the Ration Cards to every shop of Village Panchayat, Narauli, Majre Garha equally as per the Government Order dated 03.07.1990.
Learned counsel for the petitioner submits that the population of the Village Panchayat is 16310 and in the village Garha, there are 13450 units. There were 8 fair price shops situated in the village. Now one another shop has been allotted in favour of Surendra Kumar, son of Ram Sanehi.
It has been submitted by learned counsel for the petitioner that in terms of the Government Order dated 03.07.1990, a fair price shop can be opened in the village, where there are more than 4000 units and in paragraph 4.2 of the Government Order, it has been provided that where there more than one shop in the village, both shops should have equal units of beneficiaries attached to it.
It has been submitted that the distribution chart filed at page Nos. 14 and 38 of the paper-book show that there is uneven distribution of Ration Cards/units of beneficiaries in terms of the Government Order dated 03.07.1990.
State respondents have filed a counter affidavit, wherein they have stated that Gram Sabha Garha has 52 Majras/Villages in its and is situated over a large expanse of land. Some Majras/villages of the said Gram Sabha are situated across the river Yamuna and as such to make it convenient to the beneficiaries of the Public Distribution System, several fair price shops have been operating in the said village.
With regard to 9 fair price shops, it has been submitted that one Kumud Chandra Mishra, son of late Kapildeo Mishra, resident of Gram Sabha Garha Majre Narauli had filed Writ Petition No. 33283 of 2017 (Kumod Chandra Mishra vs District Magistrate, Fatehpur And 2 Others) praying for an allotment of fair price shop on compassionate ground as his father was the erstwhile licensee.
In compliance of orders passed by this Court, the representation of Kumud Chandra Mishra was considered, but it was found that late Kapildeo Mishra had committed serious irregularities and the fair price shop licence has already been cancelled before his death and therefore, there was no question of allotting the fair price shop to his son Kumud Chandra Mishra on compassionate ground.
Since, the licence of late Kapildeo Mishra had already been cancelled, it was not found appropriate to allow fair price shop on compassionate ground, instead, an open general meeting of the Gram Sabha was held, in which the name of one Surendra Kumar, son of Ram Sanehi was recommended by the Gram Sabha vide Resolution dated 07.10.2017, and therefore, Surendra Kumar has also been allotted the fair price shop in Gram Sabha, Garha.
Learned counsel for the petitioner submits that it was not open for the Licensing Authority to allot fresh fair price shop in favour of Surendra Kumar as already eight shops were functioning in the village concerned.
From a perusal of the submissions made in the counter affidavit, it is evident that late Kapildeo Mishra was running the fair price shop of village Garha and his fair price shop was cancelled and his dependent Kumud Chandra Mishra approached this Court. The allotment made to Surendra Kumar is on the vacancy created out of cancellation of fair price shop of Kapildeo Mishra.
In view of the law settled by Division Bench of this Court in Suman Yadav vs. State of U.P. and others (Special Appeal No. 516 of 2016 decided on 23.8.2016) an existing fair price shop licensee has no right to dispute the creation of fresh fair price shop in the village concerned.
Insofar as the petitioner's grievance regarding unequal distribution of Ration Cards in the village between various shops is concerned, a direction is issued to the Licensing Authority to find out the feasibility of a more equitable distribution as per various Majras, taking into account the geographical situation of Majras, and the Ration Cards attached to the shops in the respective Majras and pass appropriate orders within eight weeks from the date a certified copy of this order is produced before him.
The writ petition is disposed of.
Order Date :- 23.3.2018 Sazia