SMT. SHARMILA SHARMA v. STATE OF U.P. THRU. PRIN. SECY. FOOD AND CIVIL SUPPLIES LKO. AND 6 OTHERS
/11749/2025 · 2025-12-15
body2025
DailyLaw.ai
[ 2025 DAILYLAW 173888 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 173888 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11749 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Avadhesh Mishra, the learned counsel for the petitioner, Sri Sandeep Srivastava, the learned Standing Counsel for the State, Sri Govind Chaurasiya, Advocate holding brief of Sri Mohan Singh, the learned counsel for Gaon Sabha and perused the records. 2. By means of the instant petition filed under Article 226 of the Constitution of India the petitioner has challenged the validity of an order dated 02.08.2025, passed by Sub Divisional Magistrate, Akbarpur, District Ambedkar Nagar, whereby the fair price shop of Gram Panchayat Kataria Sammanpur, Block Akbarpur, District Ambedkar Nagar has been allotted to the opposite party no.7-Self Help Group. 3. The learned counsel for the petitioner has submitted that in an open meeting of village panchayat the majority of members were in favour of the allotment of a fair price shop in favour of individual person, rather than a self help group. The petitioner is an individual person who had applied for allotment of fair price shop license and instead of allotting to an individual the same has been allotted to a self help group against the wishes of majority of village panchayat members. Versus Counsel for Petitioner(s) : Avadhesh Mishra, Santosh Kumar Srivastava Counsel for Respondent(s) : C.S.C., Mohan Singh Smt. Sharmila Sharma .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Food And Civil Supplies Lko. And 6 Others .....Respondent(s)
4. The State Government has laid down a policy for allotment of fair price shop license by means of a Government Order dated 07.07.2020, which provides for giving preference to the self help groups in allotment of fair price shop. This government order provides that the preference will be given to self help groups in allotment of fair price shop license and it does not provide that preference will be given subject to consent of majority of members of gram panchayat. Therefore, the fact that the majority of members of village panchayat were against the allotment of fair price shop to a self help group would not dilute the binding force of Government Order dated 07.07.2020, which provides for giving preference to self help groups for allotment of fair price shop license. 5.
Accordingly, there is no illegality in the impugned order dated 02.08.2025, passed by Sub Divisional Magistrate, Akbarpur, District Ambedkar Nagar allotting the fair price shop license to a self help group. The petition lacks merit and the same is accordingly dismissed. December 15, 2025 Ram. WRIC No. 11749 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench