Court No. - 2 Case :- WRIT - C No. - 748 of 2010 Petitioner :- Sanjay Kumar Respondent :- State Of U.P. & Another Petitioner Counsel :- Siddharth Nandan,Pankaj Govil Respondent Counsel :- C.S.C. Hon'ble Ashok Bhushan,J.
Hon’ble Virendra Singh,J.
Heard learned counsel for the petitioner and learned Standing Counsel
appearing on behalf of State of U.P.
No notice is being issued to respondent No.4 in view of the order which is
being passed.
The learned counsel for the petitioner in support of the writ petition has made
a limited prayer to permit the petitioner to distribute the food grain which was
given to the petitioner on 23.12.2009 by the authority. He submits that the
appeal filed by previous holder has been allowed on 18.12.2009. However,
the foodgrain for the month of January, 2010n was lifted by the petitioner on
23.12.2009 which is entitled to be distributed. After passing of the order in the
appeal 18.12.2009 setting aside the order and cancelling the agreement of
previous fair price shop holder, the petitioner’s right to distribute food grains
has automatically come to an end. However, the stock which was allowed to
be lifted after due payment by the petitioner has to be distributed by the
petitioner. Thus, the stock for the month of January, 2010 which was lifted on
23.12.2009 be permitted to be distributed by the petitioner.
Subject to the above direction, the writ petition is disposed of
Order Date :- 22.1.2010
G.S