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2025 DAILYLAW 133494 (ALL)

SHILPI v. STATE OF U.P. THRU .PRIN. SECY. FOOD AND SUPPLIES LKO. AND 4 OTHERS

WPIL/353/2025 · 2025-04-11

Ajai Kumar Srivastava I, Attau Rahman Masoodi

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20561-DB Court No. - 1 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 353 of 2025 Petitioner :- Shilpi Respondent :- State Of U.P. Thru .Prin. Secy. Food And Supplies Lko. And 4 Others Counsel for Petitioner :- Mohammad Talib Khan Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioner, Sri V.P. Nag, learned Standing Counsel for State-opposite party Nos.1 to 4 and Sri Dilip Pandey, learned counsel for opposite party No.5- Gaon Sabha. 2. The instant Public Interest Litigation (PIL) filed by the petitioner- Shilpi prays for the following reliefs :- "I. Issue a writ, order or direction in the nature of mandamus thereby commanding opposite parties not to construct the Model Shop over gata number 762 sitauted in village Sindhwamau, Tehsil Sadar, District Hardoi and construct the same over gata number 1468 which is recorded as Naveen parti in revenue records. II. Issue a writ, order or direction in the nature of mandamus thereby commanding the opposite parties to consider and decide the application dated 25.02.2025 moved by the petitioner contain as Annexure No.1 at an early date, to this writ petition." 3. Gata Nos.762 and 1468 situated at Village Sindhwamau, Tehsil Sadar, District Hardoi, both are the Gaon Sabha lands. It appears that model shop (fair price shop) is sought to be constructed on gata No.762 and the same has been objected to by the petitioner on the ground that the said site is not convenient to the local residents as per the guidelines issued in this behalf. 4. Learned Standing Counsel, on the basis of instructions, has stated that the gata No.762 which is centrally located for services to all the three villages connecting the gram panchayat, is more convenient at the said place being situated on the main road than gata No.1468. The construction according to the learned Standing Counsel has already begun. It is for the district authorities to decide as to which of the two places was centrally located and situated on the main road so that supplies of ration etc. are managed adequately to make the services complaint free. 5. Once gata No.762 is stated to be centrally located and has an access from the main road, we do not find the just cause is made out for interference under Article 226 of the Constitution of India. 6. The instant P.I.L. is, accordingly, dismissed. (Ajai Kumar Srivastava-I, J.) (Attau Rahman Masoodi, J.) Order Date :- 11.4.2025 Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench