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2025 DAILYLAW 130367 (ALL)

LALLAN SINGH v. STATE OF U.P. THRU. PRIN. SECY. FOOD AND CIVIL SUPPLIES LKO AND 4 OTHERS

WPIL/277/2025 · 2025-03-27

Ajai Kumar Srivastava I, Attau Rahman Masoodi

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17560-DB Court No. - 1 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 277 of 2025 Petitioner :- Lallan Singh Respondent :- State Of U.P. Thru. Prin. Secy. Food And Civil Supplies Lko And 4 Others Counsel for Petitioner :- Mohd. Kashif Rafi Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioner, Ms. Isha Mittal, learned Additional Chief Standing Counsel for State- respondents No.1 to 4 and Sri Dilip Kumar Pandey, learned counsel appearing on behalf of respondent No.5. 2. By means of instant Public Interest Litigation (PIL), the petitioner has prayed as under :- "I. Issue a writ, order or direction in the nature of mandamus commanding opposite parties not to construct the Model Shop over gata number 732 & 738 situated in village Sindhwamau, Tehsil Sadar, District Hardoi and construct the same over gata number 1468 which is recorded as Naveen parti in revenue records." 3. Learned counsel for State as well as learned counsel for Gram Panchayat have informed that the model fair price shop is not constructed on either of the two plots mentioned in the prayer clause set out in the PIL. It is submitted that the model fair price shop is rather under construction on gata No.762 which is close to a Community Centre established in the village. It is also informed that the model fair price shop is to cater the needs of beneficiaries spread over to three hamlets out of which village Sindhwamau is centrally located. It is in the centrally located hamlet that the model fair price shop close to a Community Centre is under construction. 4. That being the position, we do not find that there is any violation of the Government Order dated 03.08.2023 which provides that the model fair price shops be constructed in the close vicinity of Panchayat Bhawan in the rural areas or Community Centres in the urban areas as far as possible. Once the action stands in conformity with law, therefore, we do not see any valid cause for interference under Article 226 of the Constitution of India. 5. The PIL bereft of any merit and is, accordingly, dismissed. (Ajai Kumar Srivastava-I, J.) (Attau Rahman Masoodi, J.) Order Date :- 27.3.2025 Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench