Court No. - 10
Case :- WRIT - C No. - 989 of 2019 Petitioner :- Shesh Narain Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinod Kumar Sharma Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
The matter was taken up on 7.2.2019 and on the said date the Court had proceeded to pass following order:-
"The present writ petition is being preferred with grievance that at the petitioner's fair price shop total 6776 units/1775 card holders are attached and on the spot, the respondents sought to create four shops in the said shop whereas, the same is in violation of Government Order dated 15.01.2004 and 22.05.2018.
The matter was initially taken up on 11.01.2019 and the Court has asked the learned Standing Counsel to seek the instructions in the matter. In compliance thereof, the earlier instructions dated 17.01.2019 have been placed before this Court on 21.01.2019. On the said date, the Court has proceeded to pass the detailed order asking the Sub Divisional Magistrate concerned to ensure compliance of the aforesaid Government Order and send necessary instructions strictly in accordance with the Government Order dated 22.05.2018 on or before the next date fixed in the matter.
Today, when the matter is taken up, Shri Sanjay Kumar Singh, learned Standing Counsel placed the instruction dated 04.02.2019, whereby, it appears that in consonance with aforesaid Government Orders, the respondents are creating only one shop.
In view of the above, this Court is of the opinion that both the instructions do indicate certain discrepancy and as such, it would be appropriate that the same be clarified by learned Standing Counsel whether on the spot the respondents are creating one shop or four shops.
Put up this matter on 18.02.2019. On the next date, the learned Standing Counsel may produce the better instruction and clarify the situation."
Thereafter the matter was taken up on 18.2.2019 and in compliance of the aforesaid order dated 7.2.2019, Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel has placed the instruction dated 13.2.2019 on record and copy of the same has been given to learned counsel for the petitioner.
On the matter being taken up today, Shri Siddharth Singh, learned Additional Chief Standing Counsel on the basis of the aforesaid instruction states that at present, only one fair price shop is to be carved out as per Government order dated 22.5.2018, as such the cause of filing the writ petition no more survives.
Consequently, the writ petition is disposed of in the light of the instructions dated 13.2.2019.
Order Date :- 22.2.2019 RKP