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2025 DAILYLAW 201666 (ALL)

RAM KHELAWAN AND 10 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. FOOD AND CIVIL SUPPLY DEPTT. LKO AND 5 OTHERS

/9944/2025 · 2025-10-14

Prashant Kumar, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9944 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE PRASHANT KUMAR, J. 1.Heard learned counsel for the petitioners and Shri Dilip Kumar Pandey, learned Standing Counsel for the State-respondents. 2. The instant writ petition has been preferred by the petitioners with the following main prayers:- "i. Issue a writ, order or direction in the nature of Certiorari to quash the resolution dated 18.07.2025 passed by the opposite party no. 6 Land Management Committee of Village Panchayat Ahemdabad Paragana and tehsil Biswan, District-Sitapur, contained as annexure no. 2 to this writ petition. ii. Issue a writ, order or direction in the nature of Mandamus direct the O.P. No.-02 to initiate an inquiry in regard of aforesaid illegal resolution dated 18.07.2025 and submit the inquiry report before this Hon'ble court a fixed period as stipulated by this Hon'ble court and during the pendency of instant writ petition the resolution dated 18.07.2025 be stayed from effect. iii. Issue a writ, order or direction in the nature of Mandamus commanding the O.P.No.-02, for direction upon the competent authority to constitute a fresh open meeting of the Gram Sabha for fresh consideration in regard of impugned resolution in respect of the Versus Counsel for Petitioner(s) : Ram Karan, Anubhav Verma Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey Ram Khelawan And 10 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Food And Civil Supply Deptt. Lko And 5 Others .....Respondent(s) construction of Annapoorna Building for Fair Price Shop." 3. Learned counsel for the petitioners submits that earlier also a Public Interest Litigation was filed by identically situated people bearing P.I.L. No.1008/2025 (Rajesh Kumar vs. State of U.P. and 5 others). Now the instant petition has been filed under Article 226 of the Constitution of India by a group of people claiming themselves as ration-card holders. 4. Learned counsel for the petitioners submits that Annapoorna Building is constructed without any proper sanction. He also submits that Annapoorna Building is 1.5 kms away and hence it will be difficult for them to go and get the food-grains. He further submits that the construction is being carried out without following the due procedure of law. 5. On the contrary, Shri Dilip Kumar Pandey, learned counsel appearing for State submits that instant petition has been filed on the behest of the fair price shop owner who never wanted the fair price shop shifted. He further submits that petitioner No.4 is the son of the existing fair price shop owner. 6. Learned counsel appearing for the State also submits that building of Annapoorna Bhawan is being constructed after following due procedure of law. 7. In view of the objections raised by the parties, we do not find any merit in the case and hence, the writ petition is dismissed. October 14, 2025 Saurabh Yadav/- WRIC No. 9944 of 2025 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench