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2025 DAILYLAW 160804 (ALL)

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

WRIC/8365/2025 · 2025-09-10

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8365 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the petitioner as well as learned counsel for the State-respondent(s) and perused the material available on record. 2. The present petition has been filed by the petitioner challenging an order dated 11.07.2025 passed by the opposite party no.3/Up Zila Adhikari, District Raebareli. 3. The facts in brief are that, the petitioner was an applicant for allotment of fair price shop and had participated in the open meeting, held on 03.04.2025. In the said meeting, the name of the petitioner was approved for allotment of fair price shop and the said proposal was sent for approval in terms of, the prescriptions contained in the Government order dated 05.08.2019. The said proposal was considered by the 'Tehsil Level Committee' in its meeting held on 08.07.2025, wherein the proposal in favour of the petitioner was not accepted mainly on the ground that while considering the proposal, the directions contained in the Government order dated 07.07.2020 and Government order dated 22.02.2023 were not taken into consideration. In terms of the said government orders, there is a prescriptions contained giving preference to the 'Self Help Groups', which were constituted before 07.07.2020 and in respect of Self Help Groups constituted thereafter, if there was a valid approval of the District Magistrate. It is claimed that only one Self Help Group was the applicant Versus Counsel for Petitioner(s) : Chandra Kishore, Rajesh Kumar Shukla Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey Prem Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Food And Civil Supplies Lko. And 4 Others .....Respondent(s) for consideration, however, the said Self Help Group was constituted after 07.07.2020. Thus, the order dated 11.07.2025 has been challenged on the ground that there were no Self Help Group validly constituted/approved, which ought to have been considered and not done in the order dated 11.07.2025. 4. In the light of the said contentions, the Standing Counsel was directed to obtain instruction as to whether, the approval of the District Magistrate, existed in favour of the Self Help Group which was an applicant along with the petitioner. The instructions have been received and the same are taken on record, which state that the approval of the District Magistrate in favour of the Self Help Group, which was the applicant, was non-existent on the date of proposal. Thus, on the date of proposal, the said Self Help Group could not even have been considered for preferential allotment. 5. In view of the instructions received, the order dated 11.07.2025 cannot be sustained and is quashed. 6. The 'Tehsil Level Committee' is directed to consider the proposal given in pursuance to the meeting held on 03.04.2025 afresh, in accordance with law within preferably within a period of six weeks from today. 7. Petition stands disposed of with the aforesaid observations. September 10, 2025 Praveen WRIC No. 8365 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench