Citation : 2021 Latest Caselaw 658 ALL
Judgement Date : 11 January, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 4 Case :- WRIT - C No. - 22021 of 2020 Petitioner :- Ram Naresh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Brijesh Pratap Mishra,Sriram Dhar Dubey Counsel for Respondent :- C.S.C.,Krishna Kant Singh Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the State respondents as well as Sri Krishna Kant Singh, learned counsel for the gaon sabha and Sri J.N. Yadav, learned counsel who has put in appearance on behalf of respondent no. 6 (fair price shop dealer) and perused the record.
Present petition has been filed with a prayer to direct the respondents no. 3 and 4 to initiate proceeding against the respondent no. 6 for the cancellation of the agreement of fair price shop of village Hatsari, Gram Panchayat Hatsari Block and Tehsil Aliganj, District Etah.
Although learned Standing Counsel was granted time to seek instructions in this case, but till date no instructions have been received.
Petitioner herein is a ration cardholder and he is praying for cancellation of fair price shop licence of respondent no. 6.
Earlier respondent no. 6 has approached this Court by filing a writ petition being Writ C No. 25432 of 2019, which was allowed by judgment and order dated 2.8.2019 and the authorities were set at liberty to proceed against the petitioner in accordance with law.
The petitioner is a ration cardholder. He can only have grievance towards improper distribution of essential commodities to the cardholder. Remedy available to the petitioner is before the District Grievance Redressal Officer as per the provisions of National Food Security Act, 2013.
Learned counsel for the respondent no. 6 has placed reliance on the judgement passed in Writ-C No. 28674 of 2018 (Ram Prayag vs. State of UP and 3 others) decided on 30.8.2018.
In such view of the matter, I do not find any good ground to entertain present petition.
Present petition is accordingly dismissed insofar as the petitioner is seeking cancellation of fair price shop dealership of respondent no. 6. He is at liberty to raise his grievance before the appropriate forum toward improper distribution of essential commodities.
No order as to costs.
Order Date :- 11.1.2021
Abhishek
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