Court No. - 46
Case :- WRIT - C No. - 19503 of 2019 Petitioner :- Archana Devi Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Vishnu Kant Tiwari,Shri Vivek Shandilya, Senior Advocate Counsel for Respondent :- C.S.C.,Manu Singh
Hon'ble Saral Srivastava,J.
Heard Sri Manish, Advocate holding brief of Sri Vishnu Kanti Tiwari, learned counsel for the petitioner, Sri Deepak Kumar Singh, State Law Officer for respondent nos.1 and 2 and Sri Manu Singh, learned counsel for respondent no.3.
The petitioner is a resident of village Sirsaul Block Sidhpura, District Kasganj. In pursuance of the advertisement for appointment of fair price shop agent of the aforesaid village, the petitioner has submitted an application for being appointed as fair price shop of the said village. The Gaon Sabha in its meeting dated 26.02.2019 passed resolution in favour of petitioner as she has secured maximum votes. The said resolution has been forwarded to Sub Divisional Officer, Kasganj respondent no.2 on 11.03.2019 but no decision has been taken by the respondent no.2 on the said resolution.
Learned counsel for the petitioner submits that the name of petitioner has been recommended by the Gaon Sabha for being appointed as fair price shop of the said village but respondent no.2 is sitting tight over the matter and is not taking any decision on the recommendation of Gaon Sabha.
Per contra, State Law Officer submits that since model code of conduct during the election of Lok Sabha was in operation, therefore, petitioner no.2 could not take any decision on the said resolution of the Gaon Sabha.
Be that as it may, it is evident from the record that resolution has been passed by the Gaon Sabha in favour of petitioner and as per the averments made in paragraph 7 of the writ petition, the said resolution has been forwarded to respondent no.2 on 11.03.2019.
In view of the aforesaid fact, the writ petition is disposed off with a direction to respondent no.2 to take decision as per law on the recommendation of Gaon Sabha for appointment of petitioner as fair price shop agent within a period of two months from the date of production of certified copy of this order, if there is no other legal impediment in taking decision on the resolution of Gaon Sabha.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Order Date :- 31.5.2019 Sattyarth