HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11630 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Sudhir Kumar Misra, the learned counsel for the petitioner, Sri Surendra Kumar Singh, the learned Standing Counsel appearing on behalf of the State and Sri Komal Prasad Tiwari, Advocate has put in appearance on behalf of the opposite party no.6 and filed his vakalatnama, which is taken on record. 2. By means of the instant petition filed under Article 226 of the Constitution of India the petitioner has sought issuance of a direction to the Sub Divisional Magistrate, Salon Raebareli to take action on the complaint dated 08.09.2025 alleging that the fair price shop of Gram Panchayat Madhukarpur, Vikas Khand Deeh, Tehsil Salon, District Raebareli has been allotted to Smt. Manju Devi wife of Village Pradhan Sri Rajendra Maurya, whereas as per the provisions of Government Order dated 05.08.2019, the fair price shop cannot be allotted to a family members of the village Pradhan. 3. On the basis of written instructions provided by the Sub Divisional Magistrate, Salon Raebareli the learned Standing Counsel has stated that prior to election of Sri Rajendra Maurya, the Village Pradhan his marriage with Smt. Manju Devi stood dissolved by a decree of divorce under Section 13-B of Hindu Versus Counsel for Petitioner(s) : Vivek Kumar Tripathi, Sudhir Kumar Misra Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey, Komal Prasad Tiwari Sachin Yadav .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Food And Civil Supply Lko. And 5 Others .....Respondent(s) Marriage Act passed on 24.03.2022. Therefore, Smt. Manju Devi allottee of fair price shop license is not a family member of the Village Pradhan. 4. After the aforesaid order was passed, the learned counsel for the petitioner insisted that all his pleas should be dealt with in the judgment. The court had proposed to pass a short order as there are 43 fresh matters, 101 listed matters and 34 fresh applications to be taken by this court. However, as the learned counsel for the petitioner has insisted, the court proceeds to deal with all the pleas taken in the writ petition which would sadly be at the cost of the other litigants who are waiting for their cases to be taken up. 5. The petitioner has pleaded in the writ petition that he is resident of Gram Panchayat Madhukarpur, Vikas Khand Deeh, Tehsil Salon, District Raebareli. He has made several joint applications regarding allotment of fair price shop to the opposite party no.6 because her husband was elected as Gram Pradhan. The Government Order dated 05.08.2019 inter alia provides that no member of family of Village Pradhan shall be allotted the fair price shop. The term "family member" includes the head of the family, husband/wife, any legally adopted children, children who are entirely dependent upon the head of the family, unmarried/legally separated or widow daughter and parents entirely dependent upon the head of the family. It has been pleaded that as the fair price shop has been allotted to the opposite party no.6 who is the wife of Rajendra Maurya, Village Pradhan, the allotment of fair price shop is illegal. 6. In para 7 of the writ petition it has been submitted that the husband of the opposite party no.6 is presently elected as Gram Pradhan of Village Panchayat Madhukarpur, Vikas Khand Deeh, Tehsil Salon, District Raebareli but no date of election of Rajendra Maurya as Pradhan of Village has been mentioned in the aforesaid paragraph or in any other paragraph in the entire writ petition. The writ petition does not make any mention of date of allotment of fair price shop license to the opposite party no.6. WRIC No. 11630 of 2025 2 7. The learned counsel for the petitioner has submitted that Rajendra Maurya was elected as Pradhan prior to allotment of fair price shop in favour of the opposite party no.6. 8. The submissions should be confined to the pleadings made in the petition and the material brought on record of the writ petition. In absence of any pleading regarding a factual assertion, no submission can be advanced by the learned counsel. Therefore, this court cannot accept the submission of the learned counsel for the petitioner in absence of any pleadings. 9. As the marriage of the opposite party no.6 with the Village Pradhan already stand dissolved by a decree of divorce passed on 24.03.2022, much prior to submission of complaint by the petitioner on 08.09.2025, presently there is no ground to cancel the fair price shop license allotted to the opposite party no.6. 10. The writ petition lacks merit and the same is accordingly dismissed. December 3, 2025 Ram. WRIC No. 11630 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench