Neutral Citation No. - 2025:AHC-LKO:47220-DB Court No. - 2 Case :- WRIT - C No. - 7462 of 2025 Petitioner :- Nirmal Kumar And 4 Others Respondent :- State Of U.P. Thru. Prin. Food And Civil Supplies Lko. And 5 Others Counsel for Petitioner :- Vinod Kumar Singh,Durgesh Kumar Singh Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State and Sri Dilip Kumar Pandey, learned counsel appearing on behalf of the respondent Gram Sabha. 2. This petition has been filed with the following main prayers:- "i. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to construct the model fair price shop of Gram Panchayat Hazipur Gosha over the portion of gata no.183 marked by the revenue authorities situated in village Hazipur Gosha, Tehsil Hasanganj, District Unnao. ii. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to make construction of model fair price shop of Gram Panchayat Hazipur Gosha as per choice of Gram Pradhan over the gata no.597 which is unsuitable and less than required land." 3. It has been submitted by learned counsel for the petitioners that they are permanent residents of Gram Sabha Hazipur Gosha and they are also Ration Card holders. A Model Fair Price Shop in Gram Sabha Hazipur Gosha is proposed to be constructed as per the Government Order dated 12.06.2023. Another Government Order was issued on 16.06.2023 which directed all Divisional Commissioners and District Magistrates of the State of U.P. that under single stage doorstep delivery system of foodgrains, it is very important for the vehicle carrying foograins to reach the fair price shop easily. The Fair Price Shop should not be located in narrow streets where vehicle carrying foodgrains cannot reach. In pursuance of such orders, two four-Members District Level and Tehsil Level committees were constituted. The Department of Civil Supplies has submitted its report before the Sub Divisional Officer Hasanganj, Unnao, to identify proper land suitable for the purpose of construction of Model Fair Price Shop. It was also directed to ensure that approximately 600 sq.ft. of Gram Sabha land be made available for construction of fair price shop. Such land should not be reserved for any other public purpose. In compliance of such order, the Lekhpal, the Revenue Inspector and the Tehsildar, Hasanganj, submitted a report with site plan with regard to one area vacant in Gata No.183/0.303 hectare recorded as naveen parti in the revenue records. However, instead of such land, which was already identified, the Gram Pradhan has started construction of Model Fair Price Shop illegally over Gata No.597 recorded in the name of Panchayat Bhawan in the revenue records. Such land is situated at a place where neither Truck nor tractor trolley can reach as there is a dense forest and a grove. 4. The petitioners have made a representation to the Authorities, but nothing has been done in the matter and, therefore, this writ petition has been filed with the aforesaid prayers. 5. Learned Standing Counsel has produced before this Court instructions sent by Sub Divisional Magistrate, Hasanganj, Unnao, wherein it has been stated that on representation of the petitioners having been received, an enquiry was made and it was found that instead of the land identified by the Revenue Team, Model Fair Price shop was constructed on Gata No.597 by the Gram Pradhan. A show-cause notice has been issued to the Gram Pradhan on 29.12.2023 and on 30.12.2023 a direction has been issued to stop the construction immediately. The Technical Assistant has also been issued a show-cause notice on 29.12.2023. 6. Instructions are kept on record. 7. The writ petition is disposed of with a direction to the State Respondents to ensure that Model Fair Price Shop is constructed at the place identified by the Revenue Team. Order Date :- 13.8.2025 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench