Allahabad High Court
NISHA BHARTIversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
In the absence of any legal impediment, the resolution granting the fair price shop must be considered and acted upon expeditiously.
Summary
Petitioner Nisha Bharti sought enforcement of a resolution passed by the Gram Panchayat granting her an allotment of a fair price shop, alleging that the authorities had not expedited the subsequent proceedings. The petitioner filed a writ petition contending that there was no legal barrier to acting on the resolution. The Court examined whether any statutory or procedural impediment existed that would prevent the consideration of the Gram Panchayat's decision. Finding none, the Court directed that, in the absence of any legal impediment, the resolution should be acted upon expeditiously in accordance with law. Accordingly, the writ petition was disposed with a direction to the respondents to process the allotment without delay.
Issues considered
- Whether any legal impediment exists to the consideration and implementation of the Gram Panchayat's resolution for allotment of a fair price shop to the petitioner
Subjects
- fair price shop
- Gram Panchayat resolution
- writ petition
- expeditious consideration
- legal impediment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 38279 of 2026
Nisha Bharti
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Jitendra Yadav
Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla
Court No. - 36
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Jitendra Yadav, learned counsel for petitioner and learned Standing
Counsel for State-Respondents.
2. Petitioner is replying upon a resolution passed for allotment of fair price shop
in her favour by Gram Panchayat concerned and is aggrieved that further
proceedings are not expedited.
3. In aforesaid circumstances, this writ petition is disposed of that if there is no
legal impediment, the consideration be made on basis of resolution adopted in
favour of petitioner expeditiously in accordance with law by concerned
respondent.
(Saurabh Shyam Shamshery,J.)
September 23, 2026
AK
Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad
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