- (1.) This writ petition has been filed for quashing the impugned order dated 23.5.2006 passed by the respondent No. 3 (Annexure-5) by which he has restored the fair price shop licence of respondent No. 4, in compliance of the order passed on the letter dated 5.4.2006 written by respondent No. 6 i.e. Sri Anand Pathak District President of Samajwadi party to the Chief Minister of U.P. Government Lucknow requesting him to reinstate fair price shop licence of respondent No. 4 and on the said letter, the Secretary to Chief Minister directed the District Magistrate Mahamaya Nagar to restore the fair price shop licence of respondent No. 4.
(2.) It is settled legal proposition that if the Statute confers a jurisdiction upon a h particular authority, that authority alone has a competence to decide the matter. He cannot seek any instructions from the higher authority nor the higher authorities can lease out its wisdom, nor the matter can be adjudicated upon the directions of any higher authority. Such a settled legal proposition does not require any reference of judicial pronouncements.
(3.) It is settled proposition of law that when Statute confers power on a particular Authority or person to perform certain functions, it cannot be exercised by any other person. [Vide Karan Singhji Jadeja and another v. State of Gujarat and others, JT 1995 (6) SC 146 ; State of U.P. and others v. Ram Naresh Lal, AIR 1970 SC 1263 ; Central Inland Water Transport Corporation Ltd. v. Brojo Nath Ganguly and another, AIR 1986 SC 1571 ; Board of High School and Intermediate Education, U.P., Allahbad v. Ghanshyam Das Gupta, AIR 1962 SC 1110 ; Smt. Maneka Gandhi v. Union of India and another, AIR 1978 SC 597 and Chandrika Jha v. State of Bihar and others, AIR 1984 SC 322 ].;