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2025 DAILYLAW 84239 (ALL)

RAJESH KUMAR SINGH v. STATE OF U.P. AND 3 OTHERS

WRIC/26650/2025 · 2025-08-07

Prakash Padia

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:134318 Court No. - 33 Case :- WRIT - C No. - 26650 of 2025 Petitioner :- Rajesh Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Heard Sri Arvind Kumar Singh, learned counsel for the petitioner and learned Standing Counsel for the respondents-State. 2. The petitioner has preferred present writ petition inter-alia with the following prayers :- "a. issue writ, order or direction in the nature of mandamus directing to the respondent no. 4 to allot the fair price shop in Gram Panchayat: Ahirauli Baghel, Block: Bankata, Tahsil: Bhatpar Rani, District: Deoria to the person belonging to Economically Weaker Section. b. issue writ, order or direction in the nature of mandamus direct the respondent no. 3 to fulfill the 10% quota of Economically Weaker Section in the matter of allotment of fair price shop in Block: Bankata, Tahsil: Bhatpar Rani, District: Deoria in view of Government Order dt. 05.08.2019. c. issue writ, order or direction in the nature of mandamus directing the respondent no. 2 to consider the grievance of the petitioner and direct him to fill all vacant post of fair price shops in Block: Bankata, Tahsil: Bhatpar Rani, District: Deoria amongst the Economically Weaker Sections persons to the extent of their 10% quota as per reservation policy dt. 0-5.08.2019." 3. It is argued by counsel for the petitioner that there are as many as 80 fair price shop in Block Bankata, Tehsil Bhatpar Rani, District Deoria out of which eight shops should be allotted to EWS persons. The petitioner is a resident of village Ahirauli Baghel, Block Bankata, Tehsil Bhatpar Rani, District Deoria and came within the purview of economically weaker section and entitled for allotment of fair price shop in his favour. It is further argued that on large number of occasions villagers moved representations before the respondent no.2-District Magistrate, Deoria to consider their cases for allotment of remaining fair price shop under the EWS category reservation quota as per government order dated 05.08.2019. It is further stated in paragraph-11 of the writ petition that as soon as petitioner came to know that the respondents have proceed to allot fair price shop in the aforesaid gram panchayat to a person belonging to the schedule caste category and in this regard meeting of the Gaon Sabha was fixed on 13.07.2025. The representation dated 26.07.2025 was submitted by him before the respondent no.3 namely District Supply Officer, Deoria, which was sent by the petitioner by registered post on 27.07.2025. It is further argued that respondents will allot fair price shop in violation of reservation policy as contained in the Government Order dated 05.08.2019. 4. With the consent of learned counsel for the parties, present writ petition is being disposed of at the admission stage. 5. In the facts and circumstances of the case, present writ petition is disposed of finally permitting the petitioner to submit a fresh representation along-with certified copy/duly attested copy of this order before the respondent no.3-District Supply Officer, Doria on 11.08.2025. If it is so the respondent no.3 will take a decision on the aforesaid representation within 48 hours strictly in accordance with law. Order Date :- 8.8.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad