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Gram Sabha cannot decide on licence for fair price shop: High Court

The Allahabad High Court has said that a gram sabha does not have the power to cancel or approve the licence for running a fair price shop within its jurisdiction.

The Allahabad High Court has said that a gram sabha does not have the power to cancel or approve the licence for running a fair price shop (FPS) within its jurisdiction.

Passing an order on Wednesday,a division bench of Justices Ashok Bhushan and Surya Prakash Kesarwani said: “The resolution of the gram sabha for taking action against the fair price shop dealer at best can be termed as an information or complaint by the gram sabha against the fair price shop dealer,which may form a basis for initiating any action (against the said dealer),but the resolution itself cannot be treated to be a decision cancelling the fair price shop agreement.”

The court,however,allowed the competent authorities — Sub-Divisional Magistrate (SDM) or Collector —- to take action against the dealer if the complaints against him were genuine.

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