- (1.) WE have heard Shri Jagdev Singh, learned counsel for the petitioner. Learned Standing Counsel appears for the State respondents. Shri Arun Kumar Srivstava appears for the Gaon Sabha, Village Daniyapur.
(2.) THE petitioner's husband late Shri Jumma resident of Village Daniyapur Tehsil Shahabad Distt. Rampur was issued authorization to distribute scheduled commodities through fair price shop in the year 1988. In the year 1998 he went missing. The petitioner filed Original Suit No.610 of 2013 for declaration that her husband has died civil death on the presumption under Section 108 of the Indian Evidence Act that person, who has not been heard of for seven years by those, who would naturally have heard of him, if he had been alive. The suit is still pending.
(3.) THE fair price shop run by the petitioner after he went missing was allotted to one Km. Jaimala in the year 1999. On some complaints made against her, her authorization was cancelled by the Sub Divisional Magistrate on which she filed appeal, which was dismissed. She had filed Writ Petition No.56068 of 2013, which is still pending. By this writ petition the petitioner prayed for directions to the respondents not to allot fair price shop to any other persons, until decision of the Original Suit No.610 of 2013, Sarwari and Anr. v. State of U.P. and Anr. and to pass such other order, which this Court may deem fit and proper in the circumstances of the case.;