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2015 Supreme(All) 43

ALLAHABAD HIGH COURT
BEFORE : VINEET SARAN AND VIVEK KUMAR BIRLA, JJ.
VIPIN KUMAR .....Petitioner
Versus
STATE OF U.P. AND OTHERS .....Respondents
(Civil Misc. Writ Petition No. 68849 of 2014, decided on 15th January, 2015)

Advocates:
Counsel :
Indresh Kumar Singh and Vinod Kumar Singh for the Petitioner; C.S.C. for the Respondents.

Headnote:Allotment—Fair Price Shop—Representation against allotment of the fair price shop to the respondent No. 4—Writ petition to decide the representation—Without there being any grievance with regard to the fact that petitioner is not being supplied essential commodities to which he is entitled to, the representation for withdrawing the fair price shop dealership of the respondent No. 4 could not be decided—A writ of mandamus issued only when authority obliged under law to perform a duty, which was not performed. [Paras 3 and 4]

       

JUDGMENT

By the Court.—Heard learned counsel for the parties and have perused the record.

2. The petitioner is a villager of the village where the respondent No. 4 is a fair price shop dealer. He has filed this writ petition with the prayer that his representation dated 1.5.2014 with regard to the allotment of the fair price shop to the respondent No. 4 be decided.

3. It is not the grievance of the petitioner that he is not being supplied the essential commodities to which he is entitled to. The right of a card holder is limited to the extent that he should get the requisite essential commodities as per his allotment. In the absence of there being any grievance with regard to the same, the representation for withdrawing the fair price shop dealership of the respondent No. 4 does not deserve to be decided.

4. Even otherwise, the petitioner has not been able to place any provision of law under which the representation of a kind, which has been filed by him, is required to be decided by any of the respondents. A writ of mandamus is issued only when an authority is obliged under law to perform a duty, which it is not performing. In the present case, there is no such provision of law under which the representation of the petitioner is required to be decided. As such, the prayer made in this petition does not deserve to be granted.

5. This writ petition is accordingly dismissed. No order as to costs.

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