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Allahabad High Court

DILSHAD AND 10 OTHERSversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The Court held that a PIL challenging the appointment of a fair price shop agent is not maintainable and the aggrieved party must pursue the specific appeal provided under Clause 13(3) of the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016.

Summary

The petitioners, Dilshad and ten others, challenged the appointment of a specific individual as a fair price shop agent, alleging impropriety. They filed a public interest litigation seeking to set aside the appointment. The petition relied on Clause 13(3) of the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016, which permits an appeal against such appointments. The Court examined whether a PIL is the appropriate vehicle for this grievance. It concluded that the PIL is not maintainable because the statute provides a specific appeal remedy. Consequently, the petition was dismissed, directing the petitioners to use the statutory appeal process.

Issues considered

  • Whether a public interest litigation is maintainable to challenge the appointment of a fair price shop agent under Clause 13(3) of the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016?
  • Whether the petitioner must avail the specific appeal remedy provided under the Order instead of filing a PIL?

Legislation cited

  • U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 — s. 13(3)

Subjects

  • public interest litigation
  • fair price shop
  • appointment
  • essential commodities order
  • maintainability
  • appeal provision

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                              PUBLIC INTEREST LITIGATION (PIL) No. - 2224 of 2026

                                    Dilshad And 10 Others
                                                                                                .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 4 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)              :   Akash Garg, Arun Kumar
                                    Counsel for Respondent(s)              :   C.S.C.

                                    Court No. - 29
                                                     HON'BLE SIDDHARTHA VARMA, J.
                                                     HON'BLE KUNAL RAVI SINGH, J.

                                    1. Heard learned counsel for the petitioner, learned Standing Counsel for
                                    the State respondents and Sri Abhishek Kumar Srivastava, learned
                                    counsel appearing for the selected candidate.

                                    2. From the prayer, we find that the petitioner is aggrieved by the
                                    appointment of a particular individual as a fair price shop agent.

                                    3. As per Clause 13(3) of the U.P. Essential Commodities (Regulation of
                                    Sale and Distribution Control) Order, 2016, any person can file an appeal
                                    against the appointment of a particular individual.

                                    4. Under the facts and circumstances, we are of the view that the instant
                                    Public Interest Litigation is not maintainable. The petitioner may avail the
                                    appropriate remedy which is available under the law.

                                    5. Accordingly, the instant Public Interest Litigation stands dismissed.



                                                              (Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
                                    September 24, 2026
                                    Sumit S




Digitally signed by :-
SUMIT SRIVASTAVA
High Court of Judicature at Allahabad


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