1. Heard Sri Shrawan Kumar Mishra, learned counsel for the petitioner and the learned Standing Counsel for the State - respondents.

2. By means of the present petition, petitioner has challenged the order bearing No. 705 [Editors Note: Vernacular Matter Omiited] / 2017 dated 5.12.2017 passed by the District Magistrate, Mahoba, District Mahoba (Annexure - 7 to the writ petition) rejecting the petitioner's application / representation dated 7.11.2017 for opening of an additional fair price shop in Gram Panchayat, Jaitpur, District Mahoba. Prayer has also been made to direct the respondents to pass fresh order after taking a fresh report from Block - Jaitpur regarding present population and the number of units with further direction to the respondents that if the population, as well as number of units, are more than 20,000 at present, to permit the petitioner to distribute the food grains after adjusting the number of units of all fair price shop keepers.

3. The facts of the present case are that initially one fair price shop in Gram Panchayat Jaitpur was granted to Pratap Kumar which was cancelled by order dated 07.01.2017 passed by the Sub-Divisional Magistrate, Kulpahar, District Ma