Court No. - 9 Case :- WRIT - C No. - 5256 of 2010 Petitioner :- Ram Ashrey Respondent :- State Of U.P. & Others Petitioner Counsel :- A.N. Pandey Respondent Counsel :- C.S.C. Hon'ble Vijay Manohar Sahai,J.
Hon’ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioner and learned Standing Counsel for
respondents no.1 to 3.
Standing Counsel shall file counter affidavit within one month. Rejoinder
affidavit may be filed within three weeks thereafter.
Issue notice to respondent no.3 by registered post. Steps may be taken within
two weeks. The office shall send notice returnable at an early date.
List on the date fixed by the office.
The fair price shop of Baherpur Khurd, Block Maharajganj District Jaunpur
was allotted to one Barsati Ram, who was fair price shop holder. The fair
price shop license was cancelled by the order dated 18.6.2009 passed by the
Sub-Divisional Officer, Mahrajganj District Jaunpur. Thereafter resolution
has been passed by the Gaon Sabha on 01.01.2010 for allotting the fair price
shop to respondent no.4-Nageena who is daughter-in-law of Barsati Ram.
We are of the opinion that once fair price shop license of Barsati Ram has
been cancelled the fair price shop should have been allotted to some other
person who is not a family member of Barsati Ram.
Until further orders of this court, the resolution passed by the Gaon Sabha
dated 01.01.2010 for allotment of fair price shop in favour of Nageena-
respondent no.4 shall remain stayed.
Order Date :- 4.2.2010
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