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2025 DAILYLAW 201654 (ALL)

UDAY RAJ v. STATE OF U.P. THRU. PRIN. SECY. FOOD AND CIVIL SUPPLY LKO. AND 3 OTHERS

WRIC/9839/2025 · 2025-10-15

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9839 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Amit Gupta, the learned counsel for the petitioner and Shri Hariom Singh, the learned State Law Officer. 2. By means of the instant petition, the petitioner has sought issuance of a direction to the respondent No.2- Sub-Divisional Magistrate, Gauriganj, Amethi to consider and decide the petitioner's representation dated 08.09.2025 whereby the petitioner has raised a grievance against the grant of fair price shop license to the respondent No.4 made on 27.03.2018. 3. Grievance of the petitioner is that earlier the fair price shop license was granted to Hari Prasad, father of the respondent No.4 against whom criminal proceedings for commission of offence under Section 3/7 of the Essential Commodities Act were instituted. 4. Learned counsel for the petitioner has submitted that the Government Order dated 05.08.2019 prohibits allotment of a fair price shop license to any person, who or his family members, has faced such criminal proceedings. He has submitted that the fair price shop license has been granted to the respondent No.4 in violation of the provisions contained in aforesaid Government Order dated 05.08.2019. 5. Refuting the aforesaid submissions, the learned State Counsel has submitted that the fair price shop license has already been granted to the respondent No.4 in the year 2018 and when the Government Order dated 05.08.2019 was not in existence. He has submitted that the Government Versus Counsel for Petitioner(s) : Amit Gupta, Ashutosh Kumar, Deepak Kumar, Vinay Kumar Yadav Counsel for Respondent(s) : C.S.C. Uday Raj .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Food And Civil Supply Lko. And 3 Others .....Respondent(s) Order dated 05.08.2019 does not have any retrospective operation and, therefore, the fair price shop license granted to the respondent No.4 cannot be cancelled on the ground of violation of conditions of Government Order dated 05.08.2019. 6. These submissions could not be refuted by the learned counsel for the petitioner and I find force in the aforesaid submissions of the learned State Counsel. 7. Accordingly, the writ petition lacks merit and the same is hereby dismissed. October 15, 2025 -Amit K- WRIC No. 9839 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench