Sarojani Devi v. State of U.P. Thru. Prin. Secy. Food and Civil Supply Civil Sectt. Lko. and Others

Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 955 of 2023 Appellant :- Sarojani Devi Respondent :- State Of U.P. Thru. Prin. Secy. Food And Civil Supply Civil Sectt. Lko. And Others Counsel for Appellant :- Manmohan Singh,Sandeep Kumar Ojha Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Attau Rahman Masoodi,J. Hon'ble Om Prakash Shukla,J.

¶1Heard learned Counsel for the petitioner, learned Standing Counsel for the State-respondent and Shri Dilip Kumar Pandey, learned Counsel for respondent no.6 - Gaon Sabha.

¶2There is reported delay of 109 days in filing the present intra-court appeal under Chapter VIII Rule 5 of High Court Rules.

¶3The reasons spelt out in the application seeking condonation of delay are not satisfactory. That apart, we do not see any glaring error in the judgment passed by the learned Writ Court.

¶4In view of the law laid down by Full Bench of this Court in the case of Indrapal Singh Vs. State of U.P. & others : Writ C No.24620 of 2013, it is well settled that the relative of a Gram Pradhan cannot be a beneficiary of a fair price shop in the public distribution system.

¶5Thus, interference in the impugned judgment rendered by the Writ Court even if viewed leniently on the aspect of limitation yet there is no case made out on merit.

¶6The special appeal is, accordingly, dismissed. (Om Prakash Shukla, J.) (Attau Rahman Masoodi, J.) Order Date :- 19.12.2023 Anand Sri./- High Court of Judicature at Allahabad, Lucknow Bench