Court No. - 26
Case :- WRIT - C No. - 11347 of 2018 Petitioner :- Ashok Kumar Respondent :- State Of U.P. And 6 Ors. Counsel for Petitioner :- Ashok Gupta Counsel for Respondent :- C.S.C.,Anuj Kumar,Rajesh Kumar
Hon'ble Mrs. Sangeeta Chandra,J.
This writ petition has been filed by the petitioner challenging the order dated 6.3.2018 by which the Fair Price Shop of village Ahar, Post Badagaon, Tehsil Baberu, District Banda has been allotted to the respondent no. 7 - Shyam Sundar son of Madan Mohan and for a mandamus to the Authorities to initiate fresh proceedings regarding allotment of new Fair Price Shop in the village concerned.
Learned counsel for the petitioner has informed this Court that he had already approached the Appellate Authority - the Commissioner Chitrakoot Dham Mandal, Banda by filing an Appeal on 9.3.2018 challenging the order dated 6.3.2018, but nothing has been done in the matter by the Appellate Authority and only record has been summoned.
Ordinarily, this Court does not interfere in writ jurisdiction where simultaneously another remedy as available in the Statute has been availed of by the petitioner.
However in view of the law settled by the Hon'ble Supreme Court in S.J.S. Business Entreprises Vs. State of Bihar 2004 (7) SCC 166, learned counsel for the petitioner prays for and is granted leave to not press his Appeal before the Appellate Authority.
Let this matter come up on 10.4.2018 by which date learned standing counsel shall also seek instructions as to under which provision of law a direction was issued by the Block Development Officer, Baberu, Banda to the Gram Pradhan to ask the prospective candidates to deposit money as election expenses in the Block Development Officer's office and then ballot papers were printed with election symbols for four candidates; Instead of an open general meeting held by all eligible voters in the voter list of the Gram Sabha concerned, secret ballot method was adopted in passing a resolution in favour of the respondent no. 7 under which Government Order?
Order Date :- 28.3.2018 Arif