Raghunayak Prasad Dwivedi vs State Of U.P. Thru.Prin.Secy. ...
2021 Latest Caselaw 8705 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 6
 

 
Case :- MISC. SINGLE No. - 15735 of 2021
 

 
Petitioner :- Raghunayak Prasad Dwivedi
 
Respondent :- State Of U.P. Thru.Prin.Secy. Food & Civil Supplies & Ors.
 
Counsel for Petitioner :- Vinay Tripathi,Saurabh Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Heard learned counsel for the petitioner and learned Standing Counsel for the State-Respondents.

By means of present writ petition, petitioner has prayed the following main relief:-

" A writ order or direction in the nature of certiorari thereby quashing the order dated 29.11.2019 passed by the opposite party no.4, contained as Anneure no.1 to this writ petition

A writ, order or direction in the nature of mandamus be issued commanding the opposite party no.4 to cancel the license of price shop of the opposite party no.6 and also direct the authority concerned to appoint fresh licensee for the village Panchayat Narendrapur Gunaura, Vikas Khand and Tahsil Mankapur, District Gonda for proper distribution of the essential Commodities."

It appears that the petitioner is a Chairman of the Administrative Committee of the Gram Panchayat Narendrapur Gunaura, Vikas Khand and Tahsil Mankapur, District Gonda has filed a complaint against fair price licensee/opposite party no.6. On the basis of said complaint,initially a notice was issued and after considering the reply of the licensee, fair price shop has been reinstated by the authority concerned.

It is the case of the petitioner that the Licensing Authority has passed the order impugned for extraneous consideration as enquiry referred to in the order impugned was not carried out in a fair manner. The names of a villager was included as having given statement,who was dead at the time when the enquiry report says that he had given such statement.

This Court is aware of the judgment rendered in the case of Ayaaubkhan Noorkhan Pathan Vs. State of Maharashtra and others report in A.I.R. 2013 SC 58 wherein Hon'ble the Supreme Court has referred to its earlier judgment and the locus of the petitioner, seeking the relief in the nature of certiorari.

The petitioner does not come within the parameter set out by Hon'ble the Supreme Court in its judgment referred as herein above.

If the petitioner is aggrieved personally because of non distribution of essential commodities by the annoyed licensee as he is eligible house holder, he has a remedy to approach Grievance Redressal Officer nominated/ designated under the Food Security Act.

The writ petition is dismissed.

Order Date :- 27.7.2021

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