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2007 Supreme(All) 187

B.S.CHAUHAN, DILIP GUPTA
BHOOP SINGH – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


JUDGMENT

By the Court.—This writ petition has been filed for quashing the impugned order dated 23.5.2006 passed by the respondent No. 3 (Annexure-5) by which he has restored the fair price shop licence of respondent No. 4, in compliance of the order passed on the letter dated 5.4.2006 written by respondent No. 6 i.e. Sri Anand Pathak District President of Samajwadi party to the Chief Minister of U.P. Government Lucknow requesting him to reinstate fair price shop licence of respondent No. 4 and on the said letter, the Secretary to Chief Minister directed the District Magistrate Mahamaya Nagar to restore the fair price shop licence of respondent No. 4.

2. It is settled legal proposition that if the Statute confers a jurisdiction upon a particular authority, that authority alone has a competence to decide the matter. He cannot seek any instructions from the higher authority nor the higher authorities can lease out its wisdom, nor the matter can be adjudicated upon the directions of any higher authority. Such a settled legal proposition does not require any reference of judicial pronouncements.

3. It is settled proposition of law that when Statute confers power on a particular Authority








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