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2025 DAILYLAW 162760 (ALL)

RAMKALI URF GUDDI v. STATE OF U.P. THRU. PRIN. SECY. FOOD AND CIVIL SUPPLY LKO. AND 4 OTHERS

WRIC/8662/2025 · 2025-09-11

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8662 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel, who appears for the State-opposite parties, Shri Dilip Kumar Pandey, learned counsel for opposite party no.5 and perused the record. 2. This writ petition has been filed by petitioner with following main prayer(s): "To issue a writ, order or direction in the nature of Mandamus Directing the Op no 2-4, to construct the Building for storage of Ration, over the land at Gata number 212 Banjar, area 0.0006 Hectare Situated at Village Daudpur under the Village panchayat Bhanpur, as Identified by The Lekhpal in pursuance of the letter dated 12.09.23 issued by the SDM Malihabad Lucknow, and as has been directed by the SDM Malihabad to Tahsildar Mall, vids letter dated 14.12.23 (Ann 4)." 3. It has been submitted by learned counsel for the petitioner that the petitioner resides in Village Daudpur, which is under Village Panchayat Bhanpur and in the year 2022, the Government has decided to construct a building in each village panchayat called as 'Annapurna Bhawan' to facilitate villagers and Fair Price dealers for distribution of essential commodities from the said 'Annapurna Bhawan'. In pursuance of the said policy decision and Government Order dated 16.06.2023 issued by the Food and Supply Department, a circular was issued on 17.06.2023 Versus Counsel for Petitioner(s) : Virendra Singh Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey Ramkali Urf Guddi .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Food And Civil Supply Lko. And 4 Others .....Respondent(s) directing the Sub Divisional Magistrates to identify the land, which is appropriate in all 'Gram Panchayat' mentioned in the said circular. The Sub Divisional Magistrate, Malihabad directed the concerned Lekhpals to identify the land. The petitioner's Village Panchayat Bhanpur is one of the selected village panchayats. The area Lekhpal submitted a report on 18.09.2023 saying that the land was available in Village Daudpur i.e. Gata No.212 recorded as 'Banjar' and the said 'Annapurna Bhawan' shall be constructed there. However, construction of the building has not started till date in Village Daudpur, therefore, this writ petition has been filed with the aforesaid prayer. 4. Learned Standing Counsel and Shri Dilip Kumar Pandey have pointed out from the instructions sent by the Sub Divisional Magistrate, Malihabad, Lucknow that although the area Lekhpal had initially proposed Gata No.212 measuring 0.185 hectare for constructions of 'Annapurna Bhawan', the Gram Panchayat did not pass any resolution of approving said proposed gata. 5. It has been submitted that Gram Panchayat Bhanpur had three hamlets. Daudpur is one of the hamlets. The Gram Panchayat is situated in Village Bhanpur and 70 percent card holders of the gram panchayat are residing in hamlet Bhanpur, therefore, the Gram Panchayat has proposed the construction of 'Annapurna Bhawan' in Gata No.38 measuring 0.120 hectare, which is adjacent to the interlocked public pathway and near village 'abaadi', where heavy vehicles transporting ration can easily access it. The Naib Tehsildar has also submitted his inquiry report after Gram Panchayat Bhanpur has proposed construction of 'Annapurna Bhawan' in Gata No.38. The instructions are kept on record. 6. The writ petition is disposed of with direction to the opposite parties to construct 'Annapurna Bhawan' at the place proposed by the Gram Panchayat expeditiously. September 11, 2025 Anupam S/- WRIC No. 8662 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench