/11887/2025 of RIZWAN KHAN Vs STATE OF U.P. THRU. PRIN. SECY. FOOD AND SUPPLIES LKO. AND 5 OTHERS on 9 December 2025

1. Heard Shri Rakesh Kumar Srivastava, learned counsel for the petitioner, Shri Surendra Kumar Singh, learned Standing Counsel and Shri Amish Chandra Singh, learned counsel for the caveator.

2. By means of the present writ petition, the petitioner has challenged the validity of order dated 17.11.2025 passed by the Deputy Commissioner (Food) Devi Patan Mandal Gonda in Appeal No.911 of 2025 (Rizwan Khan Vs. State of UP & Orss) under Section 13(3) of UP Essential Commodities (Sales & Regulation of Distribution) Control Order, order dated 09.10.2017 passed by Sub-Divisional Magistrate, Mahsi, Bahraich cancelling the fair price shop licence of the petitioner and the order dated 20.01.2025 rejecting the petitioner’s presentation for establishing another fair price shop in future.

3. The petitioner has also challenged the validity of the order dated 09.10.2017 passed by the Sub-Divisional Magistrate, Mahsi, Bahraich cancelling the fair price shop licence of the petitioner and an order dated 20.10.2025 rejecting the petitioner's presentation for establishing another fair price shop in the future.

4. The learned counsel for the petitioner has confined his submission to assailing the validity of rejection of the representation for establishing of a new fair price shop. His submission is that a new shop is to be established when the number of ration card units exceeds 4000. He has placed reliance Versus Counsel for Petitioner(s) : Rakesh Kumar Srivastava, Manoj Kumar Singh Counsel for Respondent(s) : C.S.C., Anand Pratap Singh Rizwan Khan .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Food And Supplies Lko. And 5 Others .....Respondent(s)

on a letter dated 25.11.2024 sent by the Block Development Officer, Tejwapur to the Sub-Divisional Magistrate. Tekwapur, Mahsi stating that the population/ ration card units in the village is 6621. This letter is based on a report submitted by the Assistant Development Officer, Panchayat, Tejwapur, Mahsi, Bahraich, stating that upon inquiry, the total number of units was found to be 6621 as per 412 villagers recorded in the Parivar register.

5. The learned counsel for the petitioner has submitted that as it has come to light in the inquiry that number of ration card units is 6621, a new fair price shop needs to be established.

6. The learned Standing Counsel has advanced his submissions on the basis of instructions provided to him by the District Supply Officer, Bahraich, as per which, the number of Ration card units in the village is 819 and the number of beneficiary units is 3615. He has further submitted that this is the number of actual ration card beneficiary units and the number of ration card beneficiary units cannot be ascertained on the basis of entries made in the Parriwar register.

7. The learned counsel for the petitioner could not point out any provision contained in any law as per which, the number of ration card units can be ascertained on the basis of entries in the Parivar registered. Therefore, there appears to be force in the submission of the learned Standing Counsel that a new fair price shop can only be established when the actual number of ration card beneficiary units exceeds 4000.

8. Accordingly, this Court is of the considered view that there is no illegality in the impugned order.

9. Hence, the writ petition stands dismissed.

10. The dismissal of the writ petition at this stage would not affect the right of the petitioner to move a fresh representation when the actual number of ration card units exceeds 4000. December 9, 2025 V. Sinha WRIC No. 11887 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench