SMT. KRISHNA DEVI versus STATE OF U.P. THRU' SECY. DEPTT. OF FOOD & C. SUPPLIES & ORS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Smt. Krishna Devi v. State Of U.P. Thru' Secy. Deptt. Of Food & C. Supplies & Ors - WRIT - C No. 12399 of 2005 [2007] RD-AH 12869 (25 July 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Arun Tandon, J.

Krishna Devi challenges the allotment of fair price shop agency in favour of Shyam Kunwar in terms of the government order dated 13.9.2004. The Appeal filed against allotment has also been dismissed.  Hence this petition.

On behalf of the petitioner it is contended that Shyam Kunwar is facing charges under Section 302 I.P.C. for murder of the husband of the present petitioner.  In the same criminal case, his brother and father has already been convicted to life imprisonment while the case of Shyam Kunwar is being tried in Juvenile Court.

It is contended that Shyam Kunwar who is facing criminal trial is not entitled to operate the fair price shop agency and, therefore, allotment in his favour is patently illegal.  

This Court is of the opinion that so long as the criminal trial is not concluded Shyam Kunwar may not operate the fair price shop agency.  The allotment in favour of Shyam Kunwar be kept in abeyance  subject  to the decision of the criminal proceedings  pending in the Juvenile Court.  

In the meantime Deputy Collector, District Kanpur shall ensure that fresh settlement is made strictly in accordance with the Government Order applicable, preferably within four weeks from the date a certified copy of this order is filed before him.  This settlement of the shop shall abide the fate of the criminal proceedings which are pending against Shyam Kunwar and a note in that regard be made in the order of allotment.

Writ petition is disposed of subject to the  observations made herein above.

Dated: 25.7.2007

V.R./12399/05

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