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2016 Supreme(Online)(All) 75

ALLAHABAD HIGH COURT
A. R. A. K. Mishra, J
Vinod Kumar Mishra v. State of Uttar Pradesh Thru. Secy. Food & Civil Supplies and Others


Advocates:
For the Petitioner: [Name]
For the Respondents: [Learned Standing Counsel]

1. Heard learned counsel for the petitioner and learned Standing Counsel.

2. This petition concerns the grant of license for allotting a fair price shop in a Village Gram Panchayat, namely, Dhingwas, Tehsil Lalganj, District Pratapgarh under the fair price shop distribution procedure promulgated through the Government Order dated 17.8.2002 issued under the authority of the Essential Commodities Act, a copy whereof is Annexure - 1 to the writ petition. Needless to mention that the aforesaid Government Order in some of its clauses has been amended later on, but the principal method of allotting the shop in question in favour of an individual by way of a resolution passed in an open meeting of the Gram Sabha is still intact. The function to promote public awareness for distribution of essential commodities and monitoring of the public distribution system are entrusted to the Gram Panchayat as per S.15 (xxix) of the U.P. Panchayat Raj Act, 1947 . The petitioner has alleged that the respondent No. 4 / Sub-Divisional Magistrate, who is the approving authority, under some political pressure is proceeding to allot the shop and grant license directly bypassing the procedure prescribed as m












































































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