Court No. - 46
Case :- WRIT - C No. - 14943 of 2019 Petitioner :- Ajad Rai Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Chandra Prakash Misra,Sushil Kumar Mishra Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Saral Srivastava,J.
Heard Sri Chandra Prakash Mishra, learned counsel for the petitioner and Sri Sanjay Ram Tripathi, learned Standing Counsel for respondent nos. 1 to 4 and Sri Tariq Maqbool Khan, learned counsel for respondent no. 5.
The petitioner is the resident of village Deeahghat, Block- Brahmpur, Tehsil Chauri Chaura, District Gorakhpur and is a ration card holder of fair price shop of the said village.
The fair price shop of the aforesaid village was earlier allotted to the mother of respondent no. 6, who has died, and after her death, the respondent no. 6 applied for being appointed as fair price shop agent on compassionate ground. The claim of the respondent no. 6 was rejected by order dated 12.2.2019 passed by respondent no. 3- Up Ziladhikari Chauri Chaura, District Gorakpur.
Against the aforesaid order, the respondent no. 6 preferred statutory appeal no. 458 of 2019 (Harinarayan Vs. Up Ziladhikari Chauri Chaura), which has been partly allowed by the Commissioner and the matter has been remanded back to the respondent no. 3. The appellate authority further directed that in case, if no resolution of Goan Sabha is passed for appointing anybody as fair price shop agent, the fresh advertisement shall not take place until the claim of respondent no. 6 is decided.
The petitioner in this case has come up with a prayer that a direction may be issued to respondent no. 2- Panchayat Raj Officer, District Gorakhpur to decide his representation dated 6.3.2019 wherein he prayed that the meeting of the Goan Sabha should be held for appointing fair price shop agent.
The representation at this stage is misconceived inasmuch as, there is clear cut direction of the appellate authority to the respondent no. 2 not to proceed with the fresh selection till the claim of respondent no. 6 is decided.
Thus, in view of the aforesaid fact, the writ petition lacks merit and is accordingly, dismissed.
Order Date :- 30.4.2019 Ishan