Court No. - 2
Case :- WRIT - C No. - 28600 of 2018 Petitioner :- Shiv Lal Prajapati Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Mohd. Naushad Siddiqui,Arvind Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri Vipin Kumar holding brief of Sri Mohd. Naushad Siddiqui, learned counsel for the petitioner and learned Standing Counsel for the respondent-State.
The fair price shop licence of the petitioner was cancelled by order dated 23.5.2018. The petitioner has taken the order of cancellation in appeal before the appellate authority. The appeal has been registered as Appeal No.1462 of 2018 (Shiv Lal Prajapati Vs. State of U.P. and 4 others). The appeal has been pending since then.
Due to cancellation of the fair price shop licence of the petitioner, a vacancy was created in the aforesaid village panchayat. Since there was no regularly appointed fair price shop dealer, the distribution of the essential commodities was suffering and the card holders were being denied their rights under the National Food Security Act, 2013. To meet the emergent situation and the respondent No.5 has been appointed as the fair price shop dealer as a stop gap measure by order dated 13.8.2018. It is provided in the aforesaid order that the appointment of the respondent No.5 as a fair price shop dealer is subject to the decision of the appellate authority. The interests of the ration card holders shall prevail over the rights of fair price shop dealer. The appointment of respondent no.5 has been made in the interest of the ration card holders.
There is no infirmity in the aforesaid order. The writ petition is dismissed.
It is clarified that this order shall not come in the way of the appellate authority to pass any orders on the application for interim relief filed by the petitioner.
Order Date :- 24.8.2018 Ashish Tripathi