- (1.) Heard Sri Ajay Sengar, learned counsel for the petitioner in Writ-C No. 32546 of 2016 (Smt. Nilam Devi Vs. State of U.P. and others), Sri Sanjay Singh, learned counsel in Writ-C No. 25347 of 2016 (Harveer Singh Vs. State of U.P. and others),Sri Ashok Malaviya, learned counsel in Writ C No. 35046 of 2016 (Ram Sajiwan Vs. State of U.P. and others) and Ms. Swati Agrawal, learned counsel in Writ C No. 34430 of 2016 (Smt. Zeeshan Fatma Vs. State of U.P. And others).
(2.) Through these writ petitions, orders of suspension of fair price shop have been challenged. While arguing the matter, argument was advanced by learned counsel for the petitioners that the order of suspension has been passed by the District Supply Officer and the shop is situated in the rural areas, therefore the order of suspension is without jurisdiction.
(3.) Taking note of the submissions of learned counsel for the petitioners, on 19.7.2016, this Court has passed the following order :- Heard Sri Ajay Singh Sengar, learned counsel for the petitioner, learned Standing Counsel appearing for the State-respondents and Sri Anand Kumar Yadav, learned counsel for the gaon sabha. Number of cases are coming before this Court with respect to the fair price shop running in the rural areas, where the orders of suspension and cancellation are being passed by the concerned District Supply Officer. It has been argued by the learned counsel for the petitioner that so far as the rural area is concerned, it is the Sub Divisional Officer concerned who enters into the agreement to run fair price shop with the fair price shop agent and he has the power to appoint, suspend and cancel the agreement to run fair price shop. So far as the District Supply Officer is concerned, his jurisdiction is confined to suspend and cancel the agreement to run fair price shop situated in the urban areas. Learned standing counsel taking shelter of the U.P. Schedule Commodities Control Order, 2004 has tried to submit that the District Supply Officer can also pass an order of suspension and cancellation with respect to rural areas. It would be appropriate that the Principal Secretary (Food and Civil Supplies), Government of U.P., Lucknow shall file an affidavit clarifying the position with regard to the exercise of the power of suspension and cancellation of the agreement to run fair price shop in urban and rural areas. As prayed, put up this case as fresh on 3.8.2016 as fresh. It may be clarified that I have not stayed the proceeding of cancellation of agreement to run fair price shop with respect to the petitioner. Since the petitioner has already filed his reply, it will be open for the District Supply Officer concerned to take decision thereon, provided he has jurisdiction to do so.;