The exercise of discretion by the authorities in appointing fair price shop agents should be in accordance with the concerned Government Order, and there is no statutory or constitutional right to be appointed as a fair price shop dealer at any particular place.

Surya Prakash Kesarwani, J.

Heard Sri Ashok Kumar Singh, learned counsel for the petitioner, Sri Subhash Chandra Yadav, learned standing counsel for respondent Nos.1 to 4 and Sri Jai Shankar Singh, learned counsel for the newly impleaded respondent No.6 in Writ-C No.412 of 2017.

2. The aforesaid Sri Sinjay Singh has also been heard as counsel for the petitioner in Writ-C No.8166 of 2016.

3. Learned counsel for the petitioner in Writ-C No.412 of 2017, submits that a direction may be issued for appointing a fair price shop agent in village Panchayat Nandgaon.

4. Learned standing counsel submits that the authorities are making every effort to appoint a fair price shop agent in village Panchayat Nandgaon but the same is being obstructed by Village Pradhan.

5. Sri Sanjay Singh, learned counsel for Sri Tahir Ali, the petitioner in Writ-C No.8166 of 2016, who also represents the same petitioner impleaded as respondent No.6 in Writ-C No.412 of 2017, states that Sri Tahir Ali was fair price agent of undivided village Panchayat Sheesham Kheda which consisted of two revenue villages namely "Sheesham Kheda" and "Nandgaon". He further submits that now Sri Tahir Ali is satisfied with his continuation as a fair price shop agent of village Sheesham Kheda where he resides and is running his fair price shop.

6. On 18.01.2017, Writ-C No.412 of 2017 was heard at length and the following order was passed:

"Heard learned counsel for the parties.

Learned standing counsel states on the basis of instructions that earlier there was a Village Panchayat "Nand Gaon" which included two revenue villages namely, "Nand Gaon" and "Sheesham Kheda". By notification no.4/294/2014-4/97 (Bareilly)/2014 dated 04.02.2015 published in the U.P. Gazette on 04.02.2015, two village panchayats namely, Village Panchayat "Nand Gaon" and Village Panchayat "Sheesham Kheda" were created. Thus, a new Village Panchayat Sheesham Kheda has been created and notified.

It appears that there was a fair price shop in the old Village Panchayat Nand Gaon which consisted two new villages Nand Gaon and Sheesham Kheda. On creation of the new Village Panchayat Sheesham Kheda, the fair price shop agency settled much before the aforesaid division, was continued by the old fair price shop agent in Village Panchayat "Sheesham Kheda" inasmuch as his shop was situated within the territorial limits of Village Panchayat "Sheesham Kheda".

Consequently, a direction was issued for opening of a fair price shop in Village "Nand Gaon". It appears that the Village Pradhan of Village "Nand Gaon" obstructed the opening of the fair price shop. Consequently, even a notice dated 18.07.2016 was issued by the District Magistrate, Bareilly to the Village Pradhan requiring him to show cause as to why action under Section 95(1)(g) of the U.P. Panchayat Raj Act may not be taken against him for not allowing to convene the open meeting of the Village Panchayat for the aforesaid purpose. Since the fair price shop could not be opened so far in the Village Nand Gaon and as such the petitioner has filed the present writ petition praying for a writ, order or direction in the nature of mandamus commanding the respondent authorities to ensure to convene open meeting of Gaon Sabha Nand Gaon, Meerganj, District Bareilly for allotment of fair price shop in the village and make allotment to an eligible person.

Learned standing counsel states on the basis of instructions received that the earlier fair price shop agent of undivided village panchayat is still running his fair price shop, which fell within territorial limits of Village Panchayat Sheesham Kheda, where he resides. The fair price shop of Village Nand Gaon is lying vacant, which could not be opened due to opposition being continuously made by the aforesaid fair price shop agent, Sri Tahir Ali. He states that the aforesaid Sri Tahir Ali has filed two writ petitions namely, Civil Misc. Writ Petition No.46988 of 2016 (Tahir Ali Vs. State of U.P. and others), which wa