Court No. - 34 Case :- WRIT - C No. - 9932 of 2010 Petitioner :- Mohd. Murtza & Anr. Respondent :- State Of U.P. Thru. Secr. Food & Civil Supplies & Ors. Petitioner Counsel :- Rajendra Rai Respondent Counsel :- C.S.C.,B.L.Verma,Ranjeet Saxena Hon'ble Prakash Chandra Verma,J.
Hon’ble Ram Autar Singh,J.
Heard learned counsel for the parties and perused the material on record.
Grievance of the petitioners is that third fair price shop is likely to be open in
the village which is against the norms of Government Orders dated 3.7.1990
and 2.11.2001, which mandate that a new fair price shop can be opened only
when the population of the village exceeds 4000 that too on the resolution of
the Goan Sabha.
Considering the facts and circumstances of the case, but without prejudice to
the merits of the case, petitioners are directed to make representation before
the Collector, Varanasi and the Collector shall pass appropriate order
considering the populations of the village as well as the Government Orders
which mandate that a new fair price shop can be opened only when the
population of the village exceeds 4000 that too on the resolution of the Goan
Sabha and if the population exceeds beyond 4000 another shop has to be
opened.
With aforesaid observation, the writ petition is finally disposed of.
Order Date :- 20.7.2010
RKS/