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Allahabad High Court · body

2017 DIGILAW 664 (ALL)

Tehsildar v. State of U. P.

2017-03-01

ASHOK KUMAR, V.K.SHUKLA

body2017
JUDGMENT Tehsildar is before this Court, assailing the validity of the order dated 9th February, 2017 passed by the learned Single Judge in Writ Petition No.6196 of 2017 (Tehsildar vs. State of U.P. and others), wherein the learned Single Judge has refused to intervene with the order dated 27th December, 2016, wherein orders have been passed for attachment of ration cards of Village Panchayat Samant Khera, Vikas Khand-Nidhauli Kala, Tehsil and District Etah with the fair price shop of village Panchayat Nagal Bhoora. 2. From the side of the petitioner-appellant, it is sought to be contended that once on the valid ground attachment order in question was passed with the fair price shop of the petitioner appellant then change in question ought not to have been effectuated on wrong complaint being made. 3. From the side of the respondent, Sri Ashish Srivastava, Advocate holding brief of Sri Manu Singh as well as the learned Standing Counsel contended that none of legal rights of petitioner has been infringed, in view of above, no interference should be made. 4. We have proceed to examine the arrangement in question that has been so made it is this reflected that as there was another Village Panchayat Samant Khera, Vikas Khand-Nidhauli Kala, Tehsil and District Etah wherein no agent for distribution of essential commodities has been appointed in view of this and keeping the interest of ration cards holder of village Panchayat Samant Khera ration cards in question have been attached with the fair price shop of village Nagla Bhoora that was being run by the petitioner- appellant. 5. This iss reflected that thereafter there has been some complaint that came forward and authorities concerned in ther wisdom on 27th December, 2016 have ordered for attachment the ration cards of village Samant Khera with fair price shop agent of village panchyat Madanpur. 6. Once a conscious decision has been taken by the authorities concerned attaching the cards in question from one agency to another agency then qua the said arrangement made by the authority concerned legitimately petitioner can have no objection to the same as at no point of time petitioner was made to understand the said right conferred upon would continue for all times to come. 7. 7. Consequently, in the facts of the case once interim arrangement has been made by the authority concerned and on the complaint being made after satisfying himself has made another arrangement for card holders then no interference is required in the matter as none of the legal rights of petitioner has been breached/infringed. The appeal sans merit and is, accordingly, dismissed.