SURYA PRAKASH KESARWANI
Pati Ram – Appellant
Versus
State Of U. P. – Respondent
1. Heard Sri Sreeprakash Singh, learned counsel for the petitioner, learned standing counsel for the respondent nos.1, 2 and 3 and Sri Ashuthosh, learned counsel for the respondent no.4.
2. Undisputedly, facts are that while the petitioner was running a fair price shop of Village Panchayat Barpura Sharki, Block Chamraua, Tehsil Sadar, District Rampur, her wife, Srimati Chandrawati was elected as Gram Pradhan in the year 2015. Consequently, in view of the relevant Government Orders, the fair price shop agreement of the petitioner was cancelled by the respondent no.3 vide order dated 14.12.2016 on the ground that the petitioner has incurred disqualification to continue the aforesaid fair price shop.
3. Learned counsel for the petitioner has heavily relied upon an interim order dated 27.05.2016 in Writ C No. 25803 of 2016, Arjun Singh Vs. State of U.P. and 2 others as under;
“It is contended that the fair price shop license of the petitioner has wrongly been cancelled on the ground that his wife has been elected as Gram Pradhan in the elections held recently, relying upon the Government Order dated 3.7.1990 which is not in force. It is further submitted that the prohibition of
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