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Neutral Citation No. - 2025:AHC:128254-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 323 of 2025 Petitioner :- Balram Singh Respondent :- State of U.P. and 4 others Counsel for Petitioner :- Surendra Pratap Singh Counsel for Respondent :- Seema Agarwal (S.C.) Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J.
1. This petition has been filed seeking to question the setting up/ construction of fair price shop at Nagla Jhawar and a prayer has been made that the food grains be distributed from fair price shop situated at Nagla Bhagwantpur Madhya, Majra. 2. Submissions have been made that the shop in question has been constructed at a place which is 3 kilometers away from the present location and, therefore, the respondents are not justified in constructing the shop at a place which is far away from the present place and, therefore, the respondents be directed not to permit the operation of the shop at Nagla Jhawar. 3. Instructions have been produced by the respondents, inter alia, indicating that the decision pertaining to the location of the shop was taken in open meeting of Gram Sabha dated 12.01.2024, based on which the construction has taken place. The shop in question is ready and is just opposite to the Panchayat Bhawan and, therefore, the plea sought to be raised pertaining to the distance of the shop from the location, cannot be countenanced. 4. Counsel for the petitioner made submissions that the resolution at the Gram Sabha was got passed by the Gram Pradhan mala fide and, therefore, the same deserves to be set aside. 5. Having considered the submissions made by counsel for the parties and the documents available on record, we find that the construction of shop has not taken place overnight. The plea sought to be raised that the petitioner was not aware of passing of the resolution by the Gram Sabha and that the shop was being constructed as fair price shop, cannot be countenanced. 6. Once the requisite infrastructure has already come up, there is no reason for this Court to entertain the present PIL for the purpose of granting direction to operate fair price shop at a place other than the constructed shop. 7. Consequently, the petition has no substance, the same is, therefore, dismissed. Order Date :- 31.7.2025 AKShukla/P.Sri.
(Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad