Bandana Mahila Swayam Sahayata Samuh v. State of U.P. and 4 Others

Court No. - 6 Case :- WRIT - C No. - 26175 of 2023 Petitioner :- Bandana Mahila Swayam Sahayata Samuh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sandeep Kumar,Jitendra Singh Counsel for Respondent :- C.S.C.,Azad Rai Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Jitendra Singh, learned counsel for the petitioner, Mr. Azad Rai, learned counsel for the respondent no.5 and Ms. Anuradha Sundaram, learned Additional Chief Standing Counsel for the State-respondents. This writ petition has been filed by the petitioner with a prayer to direct the respondent nos.3&4 to inform the petitioner about the date fix for allottment of fair price shop dealer in the village Rasoolpur, Block Hathgaam, Tehsil-Khaga, District-Fatehpur and petitioner may be permitted to participate in the proceedings. A further prayer to direct the respondents to pass an appropriate and legal order on the application dated 20.07.2023 submitted by the petitioner before making any meeting and fresh allotment of fair price shop in question in pursuance of the order dated 01.07.2023 passed by the respondent no.3. Learned counsel for the petitioner submits that after cancellation of fair price shop license of one Vinod Kumar, the proceedings are being initiated on 01.07.2023 for fresh allotment, in which meeting was scheduled on 19.07.2023. He further submits that the local authorities in collusion with the original allottee informed the petitioner that the meeting dated 19.07.2023 has been postponed to prevent the petitioner from attending the same. Therefore, a direction may be issued to the respondents authorities to inform the date next meeting as well as permit the petitioner to participate in the meeting. On the other hand, learned Standing Counsel submits that the fair price shop dealer; Vinod Kumar has not been impleaded as one of the respondents as he is the original allottee and is in a position to tell whether any appeal has been filed or not against the cancellation order as he is an aggrieved party. She further submits that in para 8 of the writ petition, vague averment has been made that the original allottee; Vinod Kumar and local authorities are in collusion, therefore, an information has been received regarding adjournment of meeting dated 19.07.2023. In view of the above, the writ petition has been filed under apprehension, therefore, it is misconceived and, accordingly, dismissed. Order Date :- 18.10.2023 Jitendra/- High Court of Judicature at Allahabad