- (1.) In Writ Petition No. 11977 of 2010 a Division Bench of the Lucknow Bench of this Court passed the following interim order dated 16.9.2011: "We have heard learned counsel for parties and perused the pleadings of writ petition. Of late we are noticing that on account of allotment of fair price shops on temporary basis, though under the resolution of Gaon Sabha, as a result of cancellation of earlier licence of fair price shops, lots of unnecessary litigations have been generated at the cost of public exchequer. Therefore, we direct the Principal Secretary, Food and Civil Supplies to ensure that till the matter is finally settled and the Statutory Appeal is decided, the fair price shops shall not be allotted on adhoc basis and shall be attached only to some other neighbouring fair price shops, in order to avoid creating third party rights. This order shall be circulated to all the Divisional Commissioners and District Collectors forthwith for compliance by the Principal Secretary. Registrar of this Court shall issue a copy of this order to the Principal Secretary, Food and Civil Supplies immediately for compliance. List the matter on 28.09.2011 for arguments."
(2.) Based on the aforesaid interim order, another Division Bench of the Lucknow Bench passed a similar order in Writ Petition No. 10373 of 2011 (Jagannath Upadhaya Vs. State of U.P.) on 19.10.2011. Based on the direction of the Court dated 19.10.2011, the State Government issued an Government order dated 10.7.2014 directing all authorities in the State not to issue a temporary allotment order for a fair price shop during pendency of an appeal filed by the original allottee. Based on this Government order, the Sub Divisional Magistrate passed an order dated 24.7.2014 directing the Block Development Officer not to take any steps for allotment of a shop during pendency of the appeal of the original allottee. The petitioner, being aggrieved by the aforesaid order, has filed the present writ petition.
(3.) The Writ Petition No. 11977 of 2010 was finally disposed of by an order dated 12.12.2011 and consequently the interim order dated 16.9.2011 restraining the Authorities across the State of U.P. from making temporary arrangement came to an end. Similarly Writ Petition No. 10373 of 2011 was also disposed of by an order dated 19.10.2011.;