Surya Prakash Kesarwani, J. - (1.) Heard Sri Rakesh Dubey, learned counsel for the petitioner and the learned standing counsel for the State-respondents and learned counsel for the respondent No. 5.
(2.) This writ petition has been filed praying to issue a writ, order or direction in the nature of mandamus commanding respondent No. 2 not to create a fair price shop in the village where the petitioner's fair price shop exists inasmuch as the units in the village, do not exceed four thousand. Learned counsel for the petitioner submits that in view of the G.O. dated 17.08.2002, no new fair price shop may be created unless the units in the village exceeds four thousand units.
(3.) The petitioner runs a fair price shop in Village Panchayat Baripur Maphi, District Auraiya. It appears that a new Gram Sabha "Ghazipur Ishwariprasad" has been carved out from the aforesaid Gram Sabha "Baripur Maphi". Under the circumstances, fair price shop in newly created Village Panchayat "Ghazipur Ishwariprasad" has been proceeded to be settled which does not interfere with the rights of the petitioner to run his fair price shop. The petitioner is only an agent of the State Government to run the fair price shop in terms of the agreement. He has the only right to enforce the terms of agreement. He can not oppose opening of a new fair price shop in other newly created village panchayat. Such an opposition is against public interest and without any right.;