Sakina Bano v. State of U.P Thru. Addl. Chief Secy. Food and Civil Supply Lko. and 7 Others

Court No. - 17 Case :- WRIT - C No. - 3753 of 2022 Petitioner :- Sakina Bano Respondent :- State Of U.P Thru. Addl. Chief Secy. Food And Civil Supply Lko. And 7 Others Counsel for Petitioner :- Sanjay Kumar Counsel for Respondent :- C.S.C.,Pankaj Gupta,Rakesh Kumar Srivastava,Veerendra Kumar Tiwari Along with Case :- WRIT - C No. - 6129 of 2022 Petitioner :- Maa Sherawali Self Help Group,Bahraich Thru. Its Secy. Smt. Gangajali Devi And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Food And Civil Supplies, Lko. And 5 Others Counsel for Petitioner :- Brijesh Kumar Pandey Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Alok Mathur,J.

¶1Heard learned counsel for petitioner as well as learned Standing Counsel for respondents.

¶2With the consent of learned counsel for the parties, all the aforesaid appeals are being heard and decided by this common judgment as the dispute in both writ petition pertains to grant of fair price shop license with regard to Gram Sabha Gopalpur, Tehsil - Nanpara, District Bahraich.

¶3It has been submitted the proposal for grant of fair price shop license in favour of petitioner of Writ C No. 3753 of 2022 (Sakina Bano Vs. State of U.P.) was passed on 21.04.2022 while proposal for grant of fair price shop license in favour of petitioner of Writ C No. 6129 of 2022 (Maa Sherawali Self Help Group,Bahraich Thru. Its Secy. Smt. Gangajali Devi And Another Vs. State of U.P.) was passed on 13.06.2022. Both these proposals were to be forwarded by the Block Development Officer to the Tehsil Level Committee which was supposed to examine both proposals and forward it recommendations to the District Magistrate for allotment of the fair price shop license.

¶4It seems that despite expiry of more than one and half years, no decision has been taken by the Tehsil Level Committee headed by Sub-Divisional Magistrate and accordingly no direction has been made in favour of either of these two persons pursuant to the aforesaid proposal.

¶5It is in the aforesaid circumstances, counsel for petitioners of both petitions submit that grievance of the petitioners would be substantially redressed in case Tehsil Level Committee is directed to pass an order with regard to both these proposals specially considering the fact that the same are pending for more than one and half year.

¶6Learned Standing Counsel does not object to the aforesaid request.

¶7In light of the above and with the consent of the parties, both the writ petitions are disposed of with a direction to Sub-Divisional Magistrate to pass appropriate orders in accordance with law on the proposal of the Gram Sabha dated 21.04.2022 as well as 13.06.2022 expeditiously, say, within a period of four weeks from the date a certified copy of this order is produced before him. (Alok Mathur, J.) Order Date :- 8.11.2023 Ravi/ High Court of Judicature at Allahabad, Lucknow Bench