URMILA SAGAR AND ORS. Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2016-1-65
HIGH COURT OF ALLAHABAD
Decided on January 18,2016

Urmila Sagar And Ors. Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

Shashi Kant, J. - (1.) Heard Sri Nitin Kumar Agarwal, learned counsel for petitioners, Sri Radha Mohan Pandey, learned counsel for respondent Nos. 5 to 19, learned Standing Counsel for the State respondents and perused the record.
(2.) The aforesaid writ petitions under Article 226 of the Constitution of India have been filed challenging the allotment of fair price shops in favour of respondent Nos. 5 to 19, in Gram Panchayat - Khora, Tehsil - Loni, District - Ghaziabad, according to petitioners allotments subject to challenge, have not been made in accordance with the procedure/guidelines, laid down vide Government Order dated 17.08.2002. 2.1 Writ Petition No. 51825 of 2009 - Urmila Sagar and Another vs. State of U.P. and Others has been filed for following reliefs: "(i) Issue, a writ, order or direction in the nature of Certiorari to set aside the allotment of fair price shop vide order dated 27.8.2009 passed by Respondent No. 2 (Annexure No. 1 to the present writ petition). (ii) Issue, a writ, order or direction in the nature of Mandamus commanding the respondent No. 2 not to release of goods in favour of private respondents (i.e. Respondent No. 5 to 19). (iii) Issue, any writ, order or direction as this Hon'ble Court may deem fit and proper in the present circumstances of the case. (iv) Award Cost of the writ petition in favour of the petitioner." 2.2 Writ Petition No. 50158 of 2009 - Prakash Chandra Sagar and Another Vs. State of U.P. and Others, has been filed for following reliefs: "(i) issue a writ, order or direction in the nature of Mandamus directing the respondent No. 2 to inquire into the allegations made in the representation dated 08 -06 -2009 (Annexure No. 3 to the writ petition) and complaint dated 28 -08 -2009 (Annexure No. 4 to the writ petition) by the petitioners and decide the same within a stipulated period. (ii) issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case; and (iii) award the costs of the petition to the petitioner throughout." 2.3 Writ Petition No. 34878 of 2009 - Smt. Saraswati Devi and Others Vs. State of U.P. and Others, has been filed seeking following reliefs: "(i) issue a writ, order or direction in the nature of certiorari, quashing the order/letter dated 16.2.2009 issued by the Sub Divisional Magistrate, Sadar, District - Ghaziabad/respondent No. 3 (Annexure: 2 to the writ petition). (ii) issue a writ, order or direction in the nature of mandamus, directing the respondents not to allot the fair price shop dealer at village Khora, Block Loni, District Ghaziabad in pursuance of order/letter dated 16.2.2009 issued by the Sub Divisional Magistrate, Sadar, District Ghaziabad/respondent No. 3 (Annexure: 2 to the writ petition). (iii) issue such other appropriate writ, order or direction in the nature of writ, which this Hon'ble Court may deem fit and proper in the circumstances of the case to which the petitioners be entitled under law; and (iv) award costs to the petitioners."
(3.) Since the aforesaid writ petitions involve common facts and issues, therefore with the consent of learned counsel for the parties, all the above writ petitions are being heard and are being decided by this common judgment.;


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