1. Heard Sri Rakesh Dubey, learned counsel for the petitioner and the learned standing counsel for the State-respondents and learned counsel for the respondent No. 5.

2. This writ petition has been filed praying to issue a writ, order or direction in the nature of mandamus commanding respondent No. 2 not to create a fair price shop in the village where the petitioners fair price shop exists inasmuch as the units in the village, do not exceed four thousand. Learned counsel for the petitioner submits that in view of the G.O. dated 17.08.2002, no new fair price shop may be created unless the units in the village exceeds four thousand units.

3. The petitioner runs a fair price shop in Village Panchayat Baripur Maphi, District Auraiya. It appears that a new Gram Sabha "Ghazipur Ishwariprasad" has been carved out from the aforesaid Gram Sabha "Baripur Maphi". Under the circumstances, fair price shop in newly created Village Panchayat "Ghazipur Ishwariprasad" has been proceeded to be settled which does not interfere with the rights of the petitioner to run his fair price shop. The petitioner is only an agent of the State Government to run the fair price shop in terms of the agreement. He has the only right to enforce the terms of agreement. He can not oppose opening of a new fair price shop in other newly created village panchayat. Such an opposition is against public interest and without any right.

4. The ground taken by the petitioner that a new shop may be opened in terms of the G.O. dated 17.08.2002 only when the total units in the village exceeds four thousand, is wholly misconceived on the facts of the present case as new Village Panchayat has been created and for which steps have been taken to open a fair price shop.

5. That apart, even the G.O. providing for creation of a new fair price shop if the units in the village exceeds four thousand, is merely an enabling provision which does not prevent the competent authority to open a new fair price shop in public interest. Similar view has been taken in a Division Bench Judgement dated 23.08.2016 in Special Appeal No. 516 of 2016 (Suman Yadav v. State of U.P. and 4 others) as under;

"Additionally, we find upon a plain reading of the clause on which much reliance was placed, is really not a prohibition for the establishment of an additional fair price shop. As is evident from the plain terms of the said clause all that it makes provision for is to the effect that in those Gram Sabhas where units be more than 4000, in such cases and upon the Gram Sabha being of the opinion that the opening of an additional shop would be necessitated for the convenience of the villagers, a proposal may be processed for the establishment of an additional fair price shop. On a plain reading of the said provision, we are of the view that the same is merely an enabling provision and is not liable to be viewed as a prohibition against the establishment of an additional fair price shop where public interest so mandates. For all the aforesaid reasons, we are unable to sustain the judgment of the learned Single Judge."

6. Petitioner, as a fair price shop agent, merely has private interest to run the shop in terms of his contract and the relevant Government Order. Opening a new fair price shop by the Government in the newly created Village Panchayat is in public interest. Therefore, public interest must override private interest. Consequently, the opposition of the petitioner to the opening of the new fair price shop in question has no merit.

7. In view of the aforesaid, I do not find any good reason to interfere in this writ petition. Consequently, writ petition fails and, is hereby, dismissed.