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SURYA PRAKASH KESARWANI, RAVI NATH TILHARI
Akhilesh Tiwari – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Rishi Kant Rai, learned counsel for the petitioner and the learned standing counsel for the State respondents.
2. This writ petition has been filed praying for the following relief:-
(ii) Issue writ, order or direction declaring the Clause-II (1) & (2) of the Govt. Order dated 05.08.2021 as Ultra Vires against the constitutional provisions and Articles 14 and 15 of the Constitution of India as well as against the law laid down by the Constitutional Bench in Indra Sawhney (Supra) Case.
(iii) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to allocate the Fair Price Shop of Village Gulriya in favour of general category candidate.
(iv) Issue any other appropriate writ, order or direction to which the petitioner be found entitled under the facts and circumstances of the case.
(v) Award costs in favour of the petitioner."
3. Briefly states facts to the present case are t
Point of law: Only aggrieved person, who has participated in the process of allotment of fair price shop can file appeal.
A person must demonstrate a legal grievance to maintain a writ petition; mere disappointment does not confer locus standi.
The cancellation of a fair-price-shop license is invalid if the authority that conducted the inquiry also decides the merits of the case, violating procedural requirements.
The subsequent allottee has the right to hold the shop only if the original licensee's license is cancelled. Procedural compliance and consideration of documentary evidence over oral statements are c....
The main legal point established in the judgment is that the licensee of a fair price shop is required to strictly adhere to the terms and conditions of the license and the provisions of the Control ....
The court upheld the classification in the Public Distribution System (Control) Order, justifying the exclusion of private individuals from running fair price shops due to historical malpractices, wh....
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