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2021 Supreme(All) 1526

SURYA PRAKASH KESARWANI, RAVI NATH TILHARI
Akhilesh Tiwari – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Rishi Kant Rai, Sunil Kumar Singh.
For the Respondent: C.S.C.

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:-

    "(I) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 13.11.2019, passed by the respondent no.2 (Annexure No.6).

(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

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