Court No. - 26
Case :- WRIT - C No. - 57786 of 2015 Petitioner :- Adya Prasad Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- S.S.P. Gupta Counsel for Respondent :- C.S.C.,R.C. Upadhyay,Ram Chandra Yadav
Hon'ble Mrs. Sangeeta Chandra,J.
(ORAL) Rejoinder affidavit filed today is taken on record.
This writ petition has been filed by the petitioner challenging the order dated 14.07.2015 allotting the second fair price shop in the village Devara Harakhpura, Block Maharajganj, Tehsil Sagari, District Azamgarh.
It has been submitted by the learned counsel for the petitioner that the petitioner is a fair price shop licensee since 14.02.1990. The Gram Pradhan of the village submitted an application on behalf of the villagers on 19.01.2015 with a prayer that the population of the village is about 4,500 and therefore a new fair price shop may be created in the village. The Sub Divisional Magistrate made an endorsement on the said application on 21.02.2015 directing the Block Development Officer, Maharajganj to find out whether there are more than 4000 units in the Gram Sabha concerned, and thereafter get a Resolution passed in an open general meeting for recommendation of a suitable candidate.
It has been submitted by the learned counsel for the petitioner that without any prior notice, a Resolution in an alleged open general meeting of the Gram Sabha held on 18.06.2015 was passed in favour of one Smt. Poonam Yadav, wife of Ram Bhawan Yadav. The A.D.O. (Panchayat) subsequently submitted his report on 22.06.2015 that there are 4325 units in the Gram Panchayat concerned. The Block Development Officer thereafter made a recommendation on the basis of the Resolution passed by the Gram Sabha and respondent No. 2 has passed an allotment order on 14.07.2015.
Learned counsel for the petitioner submits that under the Right to Information Act, 2005, the petitioner had submitted an application, wherein he was informed that under census of 2011, the total population of Gram Panchayat, Devara is 3608. It has been submitted that the population of the village being less than 4000, no second fair price shop could have been allotted.
I have considered the submissions made by the learned counsel for the petitioner and I have gone through the pleadings on record. The law with regard to admissibility of the claim of the petitioner as a sitting fair price shop licensee to challenge the creation of second fair price shop in the village has been settled by the Division Bench of this Court in Suman Yadav vs. State of U.P. and others (Special Appeal No. 516 of 2016 decided on 23.8.2016). The writ petition filed by the sitting fair price shop licensee cannot be entertained.
The writ petition is dismissed.
Order Date :- 28.3.2018 Sazia