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2025 DAILYLAW 180560 (ALL)

KALI MAA SWYAM SAHAYATA SAMOOH THRU. PRESIDENT SARITA MISHRA v. STATE OF U.P. THRU. PRIN. SECY. /ADDL. CHIEF SECY. FOOD AND CIVIL SUPPLY LKO. AND 5 OTHERS

WRIC/10109/2025 · 2025-10-30

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10109 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Padam Kant Mishra, the learned counsel for the petitioner, Sri Alok Srivastava, the learned Additional Chief Standing Counsel appearing on behalf of the State, Sri Tushar Gupta, Advocate holding brief of Sri Pankaj Gupta, the learned counsel for the Gaon Sabha Jamtali. 2. As this court does not propose to go into the factual aspects of the disputes, the learned Standing Counsel has submitted that he will oppose the writ petition by advancing submissions and he does not propose to file counter affidavit. 3. 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 26.09.2025, passed by Sub Divisional Magistrate, Tehsil Raniganj, District Pratapgarh calling a meeting for making appointment of fair price shop dealer in Village Panchayat Jamtali, Block Shivgarh, District Pratapgarh. 4. Assailing the validity of the aforesaid order the learned counsel for the petitioner has submitted that a meeting was held by Gram Panchayat Jamtali on 10.01.2025 in which four self help groups, including the petitioner group, applied for allotment of fair price shop. The Gram Panchayat forwarded the applications but none of the aforesaid four self help groups were found eligible for allotment of fair price shop. 5. Subsequently, a fresh meeting has been called for making allotment of fair price shop dealer. 6. The learned counsel for the petitioner has submitted that the order holding the petitioner ineligible for allotment of fair price shop has not been Versus Counsel for Petitioner(s) : Padam Kant Mishra Counsel for Respondent(s) : C.S.C., Pankaj Gupta Kali Maa Swyam Sahayata Samooh Thru. President Sarita Mishra .....Petitioner(s) State Of U.P. Thru. Prin. Secy. /Addl. Chief Secy. Food And Civil Supply Lko. And 5 Others .....Respondent(s) communicated to it and the petitioner has not been given any opportunity to show cause against it being held ineligible. 7. The learned counsel for the petitioner has further submitted that holding of meeting for making allotment of fair price shop after rejecting the petitioner's application holding it ineligible without communicating the order and without giving opportunity of hearing violates the principles of natural justice. 8. The learned counsel for the opposite parties have opposed the writ petition but they could not place before the court any material to rebut the aforesaid contention and they could not satisfy the court that an opportunity of hearing has been granted to the petitioner. 9. The learned counsel for the opposite parties have submitted that the petitioner will be given an opportunity and a fresh order will be passed after giving adequate opportunity to the petitioner. 10. Accordingly, the writ petition is allowed. The impugned order dated 26.09.2025, passed by Sub Divisional Magistrate, Tehsil Raniganj, District Pratapgarh is hereby quashed. The authorities will be at liberty to give an opportunity of hearing to the petitioner who has been held ineligible for allotment of fair price shop. October 30, 2025 Ram. WRIC No. 10109 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench