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2017 Supreme(All) 332

SURYA PRAKASH KESARWANI
PRADEEP KUMAR SHUKLA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Sudhir Dixit and Ajay Kumar Upadhyay for the Petitioner; C.S.C., Atul Kumar and Dharam Deo Chauhan for the Respondents.

JUDGMENT

Hon’ble Surya Prakash Kesarwani, J.—Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and learned counsel for respondent No. 7.

No one appears on behalf of respondent No. 6 even in the revised call.

Submission :

2. Submission of learned counsel for the petitioner is that once the advertisement for settlement of fair price shop by lottery was made on 8.8.2016, then the subsequent proceeding of open meeting of the village panchayat to select a fair price shop agent and approval of such selected fair price shop agent by the respondent Nos. 4 and 5, is wholly without jurisdiction and without authority of law. The state respondents have not taken the stand that the advertisement dated 8.8.2016 was illegal and as such the selection of the petitioner by lottery made by the District Level Selection Committee in its meeting dated 4.10.2016 must be given effect. Therefore, the petitioner is entitled for allotment of the fair price shop of Village Panchayat - Amai Paar, Vikas Khand - Kudraha, Tehsil - Sadar, District - Basti. Two parall










































































































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