Allahabad High Court
Ram Lakhan vs State Of U.P. Thru. Secy. Food And ... on 2 March, 2023
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 17
Case :- WRIT - C No. - 1683 of 2023
Petitioner :- Ram Lakhan
Respondent :- State Of U.P. Thru. Secy. Food And Civil Supplies, Lko. And 5 Others
Counsel for Petitioner :- Satish Kumar Sharma
Counsel for Respondent :- C.S.C.
Hon'ble Alok Mathur,J.
1. Heard Sri Satish Kumar Sharma, learned counsel for the petitioner as well as learned Standing counsel on behalf of the respondents.
2. It has been submitted that the petitioner was granted license to run fair price shop in Village Panchayat Karsuaira, Tehsil Laharpur, District Sitapur. Certain complaints with regard to functioning of the fair price shop was received by means of letter dated 25.7.2019 and accordingly by means of order dated 29.8.2019 the license of the petitioner was suspended. Subsequently after inquiry the license was cancelled by means of order dated 24.3.2020 and the said fair price shop was attached with the shop of opposite party No.6 Smt. Renu Devi of Village Panchayat Talbipur, Block and Tehsil Laharpur, District Sitapur.
3. Against the order of cancellation the petitioner preferred an appeal along with application for interim relief in which the though the appeal was admitted but the application for interim relief was rejected on 9.9.2020 against which the petitioner had preferred a writ petition before this Court being Writ Petition No.20007 (M/S) of 2020 which was disposed of by means of judgment and order dated 10.11.2020 granting stay of the order dated 24.3.2020 for four months or till disposal of the appeal and in consequence thereof the license of the petitioner was restored and he was allowed to run the said fair price shop. Finally the appeal of the petitioner was allowed vide order dated 30.8.2022.
4. The dispute in the present petition relates to the food-grains pertaining to the shop of the petitioner which was given to respondent No.6 to whom the said shop was attached during the period the license of the petitioner had been suspended. The grievance of the petitioner is that though the food-grains were allotted to respondent No.6 for distribution but the respondents are indicating in their records the said food-grains as having been given to the petitioner for distribution and in this regard the petitioner has given application at Tehsil Samadhan Diwas to the competent authority to rectify the records taking cognizance of the matter and by means of letter dated 18.11.2022 written to respondent No.6 she was asked to appear. It is further noticed that respondent No.6 did not appear on the date fixed and consequently the District Supply Officer by means of order dated 30.11.2022 has taken cognizance of the said fact and proposed that F.I.R. deserves to be lodged in this regard against opposite party No.6.
5. In view of the aforesaid facts and circumstances, it is noticed that no proceeding has been commenced against the petitioner and the State is also of the view that if there is any laxity it is on part of respondent No.6. It is always open for the petitioner to approach competent authority in case any action is taken or proposed to be taken against the petitioner with regard to the said issue. At present there is no order against the petitioner nor any apprehension that the respondents shall proceed against him with regard to non distribution of the food-grains which were given to respondent No.6 for distribution.
6. In light of the above, the petition is premature as no cause of action arises for interference of this Court. The petitioner as observed above will have liberty to approach competent authority in case any action in this regard is proposed against him. The petition is accordingly dismissed.
Order Date :- 2.3.2023 (Alok Mathur, J.)
RKM.
