Allahabad High Court
Arun Kumar Verma vs State Of U.P. & 7 Others on 25 November, 2016
Bench: Pramod Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
AFR
Court No. - 28
Case :- WRIT - C No. - 27874 of 2016
Petitioner :- Arun Kumar Verma
Respondent :- State Of U.P. & 7 Others
Counsel for Petitioner :- In Person, Arun Kumar Verma, Diwakar Singh
Counsel for Respondent :- C.S.C.,Krishna Chandra
Hon'ble Pramod Kumar Srivastava, J.
1. This writ petition has been drafted in vague and unorthodox manner, It is more in form of a complaint than a writ petition under Article 226 of the Constitution of India. But after hearing the petitioner in person, who was assisted by a private counsel during arguments, and Standing Counsel and after considering contents of writ petition, and connected papers, certain facts are revealed.
2. Petitioner was allotted a fair price shop in of gram sabha Lala Buxara. The allotment of fair price shop holder of another village Dari Khurd was cancelled and its card holders were attached with fair price shop of village Lala Buxara. On 24.5.2016, respondents have restored fair price shop of village Dari Khurd and card holder of that village were again asked to receive their essential commodities from the fair price shop of their village. This order dated 24.5.2016 of respondents has been challenged by the petitioner.
3. The petitioner, who is a blind man, had presented his argument personally in court, the hearing of which was a irritating, painful and annoying experience. It was more a nuisance than argument.
4. Anyhow, this court was made to understand that said order dated 24.5.2016 of restoration of fair price shop of another village Dari Khurd has been challenged in this writ petition on the ground that if the card holders of that village will be separated from shop of petitioner, then the number of unit card holders of village Lala Buxara would come below 4,000 units. The petitioner had tried to impress that there is law that in every Gram Sabha a fair price shop must contain 4,000 units or more, but if units of Gram Sabha of Dori Khurd is separated, then units of card holders of Gram Sabha of Lala Buxara would come below said number, which is against law. The petitioner's contention was that impugned order of restoration of fair price shop of village Dari Khurd is illegal and is liable to be set aside.
5. This contention of petitioner is totally misconceived and erroneous. There is no such law, rule or Government Order that requires the minimum number of unit holders for fair price shop. There is G.O. No. 2715/29-6-2002-16259./2001 dated 17.8.2002, which prescribes directions for allotment of fair price shop. It provides that as far as possible in each Gram Sabha there will be one fair price shop, and if there are more than 4,000 unit card holders in one Gram Sabha, then opening of more than one such shop may be considered. There is no rule, law or Government Order, which provides that a fair price shop must contain minimum 4,000 units. There is no rule or G.O. that provides that if a fair price shop of one Gram Sabha is attached to fair price shop of another Gram Sabha in any contingency, then said order cannot be recalled on the ground of number of units of card holders. In fact, the general rule in accordance with directions contained in aforesaid G.O. is that every Gram Sabha should contain one fair price shop for the units/card holders of that Gram Sabha only, and if unit holders count exceeds 4000 units then another shop may also be opened. Any administrative order for temporary attaching unit card holders of one Gram Sabha to fair price shop of another Gram Sabha cannot create any type of right of fair price shop holder of that Gram Sabha, where they are attached.
6. In view of the above, this writ petition is totally is without any basis and misconceived. This writ petition appears to have been preferred due to greed by petitioners. Allowing such writ petition would cause unnecessary inconvenience to unit holders of fair price shop of Gram Sabha Dari Khurd. This writ petition is also the misuse of process of court. Therefore, this writ petition is dismissed with Rs. 10,000/- as special cost on the petitioner.
7. The petitioner is directed to deposit said cost in account of District Legal Services Authority, Fatehpur within one month, failing which the same will be realized from him as arrears of land revenue, for which the respondent no.-1, District Magistrate, Fatehpur will take appropriate steps. The copy of this order be communicated to respondent no.-1 District Magistrate, Fatehpur for ensuring compliance.
Order Date :- 25.11.2016
SR
