Court No. - 26
Case :- WRIT - C No. - 11142 of 2018 Petitioner :- Savita Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rakesh Narain Shukla Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Mrs. Sangeeta Chandra,J.
(Oral)
1. This writ petition has been filed by the petitioner making the following prayers:-
i) Issue a writ, order or direction in the nature of certiorari quashing the impugned resolution dated 10.11.17 passed by the respondent No. 3.
ii) Issue a writ, order or direction in the nature of mandamus directing the respondents not to allot the Fair Price Shop to another, during pendency of this writ petition.
2. From the pleadings on record and the assistance granted by Shri Diwakar Singh, learned counsel appearing for respondent No. 4, it has come out that the petitioner had inifially filed a writ petition namely Writ - C No. 42591 of 2017: Smt. Savita Singh Versus State of U.P. and four others challenging the suspension order dated 07.10.2016 passed by the Licensing Authority pursuant to the lodging of First Information Report under Sections 3/7 of the Essential Commodities Act against the petitioner. This Court passed an order directing the Standing Counsel to seek instructions on 13.09.2017. Thereafter, the Licensing Authority cancelled the Fair Price Shop Licence of the petitioner on 15.09.2017.
3. The petitioner filed Appeal No. C-201702001635 before the Appellate Authority against the cancellation order, which Appeal is pending. However, the Stay Application of the petitioner has been rejected by a detailed order on 05.12.2017.
4. Now, the Gram Sabha concerned has passed the resolution for allotment of the vacant Fair Price Shop to one Smt. Savitri wife of Chhote Lal on 10.11.2017. The petitioner, therefore, has filed this writ petition challenging the resolution dated 10.11.2017. The resolution dated 10.11.2017 cannot be looked into by this Court at this stage as the Appeal of the petitioner is still pending before the Appellate Authority.
5. This Court in writ petition No. 7649 (M/B) of 2014: Vinod Kumar Versus State of U.P. and others decided on 19.08.2014 after considering the law on the issue held that no Mandamus can be issued to the Authorities for not allotting the fair price shop to a new licensee when the matter is pending in Appeal before the Appellate Authority and that No arrangements be made for securing the interest of cardholders by allotting the shop in question to somebody else. On the contrary, it is open for the State pending the disposal of the Appeal, to make suitable alternative arrangement either by attaching the card holders to an existing fair price shop licensee or by allotting the fair price shop to a new licensee subject to the result of the Appeal.
6. Accordingly, this writ petition is disposed of with a direction to the Licensing Authority to pass appropriate orders on the resolution of the Gram Sabha regarding the allotment of the fair price shop making out a specific condition of such allotment that the same shall be subject to the decision in Appeal.
Order Date :- 28.3.2018 LBY