Court No. - 9 Case :- WRIT - C No. - 22525 of 2008 Petitioner :- Gopal Singh Respondent :- State Of U.P. Thru' Secy Food And Civil Supply And Others Petitioner Counsel :- Kamal Mishra Respondent Counsel :- C.S.C.,D.D.Chauhan Hon'ble Vijay Manohar Sahai,J.
Hon’ble Mrs. Jayashree Tiwari,J.
Heard learned counsel for the petitioner and the learned standing counsel
appearing for the State-respondents.
The respondents did not allot second fair price shop to the petitioner on the
ground that Civil Misc. Writ Petition No.29465 of 2006 is pending before this
Court and stay order is operating. Civil Misc. Writ Petition No.29465 of 2006
has been dismissed by a Division Bench of this Court on 28.10.2009. The
order passed the Division Bench is extracted below: –
“Having heard learned counsel for the parties and gone through the record we
find no illegality in the order of Commissioner, Mathura Division dated
17.4.2006.
The writ petition has been rendered infructuous and is liable to be dismissed.
The writ petition is hereby dismissed as infructuous. Interim order, if any,
stands vacated.”
Therefore, the reason for not permitting the petitioner to run second fair price
shop does not exist. Therefore, the order passed by the Sub Divisional
Magistrate, Math, District Mathura cannot be maintained.
In the result, the writ petition succeeds and is allowed. The order dated
15.3.2007 passed by the Sub Divisional Magistrate, Math, District Mathura
(annexure 12 to the writ petition) is quashed. Respondent no.3 is directed to
reconsider the matter again and pass fresh order in accordance with law
within a period of two months from the date a certified copy of this order is
produced before him.
Order Date :- 20.7.2010
Anupam