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2003 Supreme(All) 1002

MARKANDEY KATJU, R.S.TRIPATHI
Zila Panchayat – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
Ravi Kant, VIJENDRA SINGH,

M. KATJU J.

( 1 ) HEARD learned Counsel for the petitioner, and learned Advocate General for the respondents.

( 2 ) THIS writ petition has been filed for quashing the present Public Distribution System of essential Commodities in the Rural Area of the State of U. P. being carried out under the G. O. , dated 13. 1. 2000, Annexure-1 to the writ petition read with G. O. , dated 3. 7. 90 Annexure-2. It has also been prayed that the Essential Commodities should be supplied for Public Distribution through the Kshetra Panchayat.

( 3 ) COUNTER and rejoinder-affidavits have been exchanged.

( 4 ) BY the G. O. dated 13. 1. 2000 power to grant the fair price shop licences was given to the district Magistrate. The question before us is whether the District Magistrate is the valid authority who can grant fair price shop licences in Rural Areas of U. P.

( 5 ) IN this connection we may refer to Section 32 of the U. P. Kshettra Panchayats and Zila panchayats Adhiniyam, 1961, which states : "every Kshettra Panchayat shall, within the Khand, exercise powers and perform the functions specified in Schedule-I. " item (xxviii) of Schedule-I of the Act states, that the Kshettra Panchayats Powers and functi



















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