Neutral Citation No. - 2025:AHC:131688 Court No. - 33 Case :- WRIT - C No. - 14498 of 2025 Petitioner :- Smt. Chanda Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Md Zakir Husain,Md. Nuruddin Khan Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Prakash Padia,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent nos. 1, 2 and 3 and Sri Bhupendra Kumar Tripahti, learned counsel appearing on behalf of respondent no. 4. 2. The petitioner has preferred the present writ petition with the following prayer:- "(i) issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 3.4.2025 passed by the respondent no.2/ Sub Divisional Officer, Tehsil- Mariyahun, District-Jaunpur in Patrank -02/Up. Zi. A.-Aapurti/25. (ii) issue a writ, order or direction in the nature of Mandamus directing the respondent no.2/ Sub Divisional Officer, Tehsil-Mariyahun, District-Jaunpur to allot the fair price shop of Village- Raipur, Post-Sukhlalganj, Tehsil-Mariahun, District- Jaunpur in favour of petitioner by the authority concerned." 3. It is argued that when the proceedings were initiated by the Sub Divisional Magistrate, Mariyahun for allotment of fair price shop the same was adjourn on 08.04.2025 on the ground that the writ petition filed by one Smt. Shanti Devi is pending consideration before this Court. 4. Counsel for the petitioner placed reliance upon the judgment and order dated 28.04.2025 passed by this Court by which the writ petition filed by the Smt. Shanti Devi being Writ C No. 6303 of 2025 was dismissed as having become infructuous. The said order reads as follows:- "1. The petitioner has preferred the present petition inter-alia with the prayer to examine the petitioner application dated 27.01.2025 and to take necessary action thereon with the time to be specified by this Hon'ble Court. 2. Pursuant to the order passed by this Court, the instructions received under the signatures of Sub Divisional Officer, Tahsil Madiyahu, District Jaunpur dated 26.04.2025 is placed before this Court, the same is taken on record. Copy of the same also provided to the counsel for the petitioner. Along-with the said instructions the decision taken on the representation of the petitioner dated 26.03.2025, by which the aforesaid representation was disposed of, is also placed before this Court, the same is taken on record. 3. After going through the same, a prayer has been made by the counsel for the petitioner that relief sought has already been granted, therefore, no further orders are required to be passed. 4. In view of above, the writ petition is dismissed as having become infructuous. 5. This order has been passed in the presence of learned Standing Counsel as well as counsel appearing on behalf of contesting-respondent." 5. In this view of the matter it is argued that the sole reason given in the order dated 08.04.2025 is not in existence, hence the same is liable to be set aside. It is further argued that the respondents are not finalizing the selection proceedings for appointment of fair price shop on account of which the petitioner who is also one of the candidate is suffering irreparable loss. 6. Heard counsel for the parties and perused the record. 7. In the facts and circumstances of the case, without entering into the merits of the case, the writ petition is disposed of directing the respondent no. 2/Sub Divisional Officer, Tehsil Mariyahun, District Jaunpur to decide the matter pertaining to the allotment of fair price shop in question most expeditiously and preferably within a period of six weeks from the date of production of certified copy of this order. Order Date :- 4.8.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad