Court No. - 42
Case :- WRIT - C No. - 12762 of 2021 Petitioner :- Sri Gauri Shanker Mahila Swayam Sahayta Samuh Via Raili Tiwa Respondent :- State Of Uttar Pradesh And 6 Others Counsel for Petitioner :- Manisha Chaturvedi Counsel for Respondent :- Rajesh Kumar Pandey
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and Sri Rajesh Kumar Pandey, learned counsel appearing for the respondent no. 7.
Present writ petition has been filed seeking quashing of the impugned order dated 23.3.2021 passed by the respondent no. 4. A further prayer in the nature of mandamus directing the respondent no. 4 to initiate re- allotment in terms of the Government Order dated 26.10.2020 has also been made.
On 14.6.2021, following order was passed:
"Heard learned counsel for the petitioner and Sri A.C.Mishra, learned Additional Chief Standing Counsel for the State-respondents.
It is contended by the learned counsel for the petitioner that the Government Order dated 7.7.2020 provides preference for Self Help Group in case of allotment of fair price shop, which has been set aside by a Lucknow Bench of this Court in Misc. Single No. 16086 of 2020 (Haripal Versus State of U.P. and others) vide judgment and order dated 24.5.2021 and, therefore, the order of allotment of fair price shop in favour of respondent no.7 under the category of Self Help Group is illegal and not sustainable in law.
Sri A.C.Mishra, learned Additional Chief Standing Counsel to directed to seek instructions in the matter by the next date fixed.
As prayed, put up as fresh on 13.7.2021."
Learned Standing Counsel stated that he has not received any instructions.
It is not in dispute that the petitioner as well as respondent no. 7 both are self help group and are covered by the judgment of the Hon'ble Lucknow Bench in Hari Pal's case as mentioned in the order dated 14.6.2021.
In such view of the matter, no fruitful purpose would be served by proceeding with the present writ petition as the consequences of the said judgment in Hari Pal (Supra) would follow naturally.
Learned counsel for the respondent no. 7 submitted that a special appeal is pending against the judgment in Hari Pal (Supra).
Be that as it may, admittedly no interim order is operating in the special appeal, details whereof have not been stated and in any case the present controversy involved in the present case is squarely covered by the judgment in the case of Hari Pal (Supra).
Accordingly, the present writ petition stands dismissed in view of the said judgment. No costs.
Order Date :- 27.7.2021 p.s.
Digitally signed by Justice Vivek Kumar Birla Date: 2021.07.27 16:32:55 IST Reason: Document Owner Location: High Court of Judicature at Allahabad