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2025 DAILYLAW 135034 (ALL)

SOBHARAM JANSEVA FOUNDATION THRU.ITS VICE PRESIDENT ANAND SINGH BHADOURIA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF FOOD AND CIVIL SUPPLY. LUCKNOW AND 10 OTHERS

WPIL/392/2025 · 2025-04-24

Arun Bhansali, Jaspreet Singh

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23320-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 392 of 2025 Petitioner :- Sobharam Janseva Foundation thru.its Vice President Anand Singh Bhadouria Respondent :- State of U.P. Thru. Prin. Secy. Deptt. of Food and Civil Supply. Lucknow and 10 others Counsel for Petitioner :- Pawan Kumar,Dharmendra Raiquar,Seema Upadhyay Counsel for Respondent :- Pankaj Khare, A.C.S.C., Pankaj Gupta Hon'ble Arun Bhansali,Chief Justice Hon'ble Jaspreet Singh,J. 1. This petition purportedly in public interest has been filed by the petitioner, seeking investigation and conduct of inquiry against the allotment of fair price shop of Gram Sabha Bauri- Banpurwa, Huzoorpur, Bahraich given by the respondents No.5 to 10 on 24.03.2025. 2. Various allegations have been made in the petition, inter alia, questioning the selection of respondent No.11 by Gram Sabha- respondent No.10 for allotment of fair price shop, however, neither the resolution of Gram Sabha has been placed on record nor the recommendation said to have been made by the District Supply Officer to the District Magistrate for appointment of respondent No.11 has been placed on record. 3. The record further reveals that on complaints made with regard to process adopted by the Gram Sabha, the District Supply Officer has already made inquiry and sent his report to the District Magistrate on 09.04.2025 (Annexure No.8). 4. The overall facts situation of the case, wherein the foundational documents seeking to question the purported selection/appointment of respondent No.11 have not been placed on record, the public interest litigation, as filed, cannot be entertained. 5. Besides the above, as based on the complaint made, the District Supply Officer has already sent the report to the District Magistrate, it is for the District Magistrate to take a view pertaining to the nature of the complaints made, before the appointment, pursuant to resolution passed by the Gram Sabha is made. 7. In that view of the matter, we do not find any reason to entertain the present public interest litigation, the same is, therefore, dismissed. Order Date :- 24.4.2025 Rakesh/- (Jaspreet Singh, J) (Arun Bhansali, CJ) Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench