Sanjeev Kumar Vs. State of U.P. and ors.

Sanjeev Kumar vs State of U.P. and ors.

Disposition Petition dismissed Court Allahabad Decided Apr 22, 2008

~2 min read

https://sooperkanoon.com/case/482387

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/482387
Court: Allahabad High Court
Judge: Anjani Kumar and ;Sudhir Agarwal, JJ.
Decided On: Apr 22, 2008
Subject: Commercial
Disposition: Petition dismissed

Case Summary

AI-generated summary - not the official court judgment text.

- - It clearly shows that the normal procedure, which has to be followed by the authorities for allotment of fair price shop, is selection from the eligible persons through a committee to be constituted at Tahsil level consisting of various persons as detailed in para 5 of the said Government order. As an exceptio...

Key legal issue: Commercial
Outcome / disposition: Petition dismissed

Parties & Advocates

Appellant / Petitioner

Sanjeev Kumar

Respondent

State of U.P. and ors.

Legal References

Reported In: 2008(3)AWC2624a

Excerpt

- - it clearly shows that the normal procedure, which has to be followed by the authorities for allotment of fair price shop, is selection from the eligible persons through a committee to be constituted at tahsil level consisting of various persons as detailed in para 5 of the said government order. as an exception, a discretion has been conferred upon the competent authority that after the death of existing fair price shop licensee, if his reputation was good, the competent authority may consider the allotment of shop to the heirs of such deceased licensee.orderanjani kumar and sudhir agarwal, jj.1. heard learned counsel for the petitioner.2. petitioner claims that he should have been allotted a fair price shop in lieu of his deceased father under the provisions of relevant government order.3. we have heard learned counsel for the parties and perused the relevant government order. it clearly shows that the normal procedure, which has to be followed by the authorities for allotment of fair price shop, is selection from the eligible persons through a committee to be constituted at tahsil level consisting of various persons as detailed in para 5 of the said government order. as an exception, a discretion has been conferred upon the competent authority that after the death of existing fair price shop licensee, if his reputation was good, the competent authority may consider the allotment of shop to the heirs of such deceased licensee. the said government order, therefore, nowhere provides any preferential right to the heir of a deceased licensee to claim allotment of shop and it is for the authorities to decide. when the competent authority has decided to make allotment by selection from the eligible persons, we do not find any illegality or irregularity therein and the said decision cannot be challenged at the instance of the petitioner on the ground that he has a preferential right of consideration. the writ petition, therefore, lacks merit and is, accordantly, dismissed.

Full Judgment

ORDER

Anjani Kumar and Sudhir Agarwal, JJ.

1. Heard learned Counsel for the petitioner.

2. Petitioner claims that he should have been allotted a fair price shop in lieu of his deceased father under the provisions of relevant Government order.

3. We have heard learned Counsel for the parties and perused the relevant Government order. It clearly shows that the normal procedure, which has to be followed by the authorities for allotment of fair price shop, is selection from the eligible persons through a committee to be constituted at Tahsil level consisting of various persons as detailed in para 5 of the said Government order. As an exception, a discretion has been conferred upon the competent authority that after the death of existing fair price shop licensee, if his reputation was good, the competent authority may consider the allotment of shop to the heirs of such deceased licensee. The said Government order, therefore, nowhere provides any preferential right to the heir of a deceased licensee to claim allotment of shop and it is for the authorities to decide. When the competent authority has decided to make allotment by selection from the eligible persons, we do not find any illegality or irregularity therein and the said decision cannot be challenged at the instance of the petitioner on the ground that he has a preferential right of consideration. The writ petition, therefore, lacks merit and is, accordantly, dismissed.

Same Court & Year Allahabad · 2008 Same Parties Sanjeev Kumar vs State of U.P. and ors. Same Subject Commercial Same Judge Anjani Kumar and ;Sudhir Agarwal, JJ.

Commercial