Heard, Sri O.P. Tiwari, learned counsel for the petitioner, learned Addl. Chief Standing Counsel for the state respondents nos.1 to 3, and Sri Yogendra Nath Yadav, learned counsel for the opposite nos.4 and 5.
In view of the order proposed to be passed, the notice to opposite no.6 is dispense with.
The present writ petition has been filed for the following relief:-
(i) Issue a writ order or direction in the nature of certiorari for quashing of the impugned resolution dated 28.07.2019 passed by opposite party no.4 (as annexure no.1) to the writ petition.
(ii) Issue a writ order or direction in the nature of mandamus thereby commanding and directing the opposite parties to hold fresh selection process for the fair price shop dealer situated at Gram Panchayat Mehdipur, Block-Mallawa, Tehsil,Bilgram, District-Hardoi in the presence of some District Level Officer and Police Force.
Learned counsel for the petitioner Sri O.P. Tiwari submitted that the impugned resolution dated 28.07.2019 is in utter violation and disregard of the provisions, as provided under Section 46(A) of U.P. Panchayat Raj Rules, 1974 and accordingly, on the basis of the impugned resolution, the Fair Price Shop can't be allotted to the person mentioned in the impugned resolution.
Learned counsel for the petitioner placed reliance on the final judgment of this Court passed in Writ Petition no. 1293 (MS) of 2017 (Neelam Yadav & Anr. Vs. State of U.P. Thru. Prin. Secy. Food & Supply Lucknow & Others).
Further the submission is that on the proposal, the decision has been taken with respect to allotment of fair price shop, keeping in view of the facts, mode, manner and procedure prescribed in the Government order dated 28.07.2019.
Per contra, the learned counsel for the opposite party no.4-Gaon Sabha submits that the impugned proposal has to be scrutinized by a committee headed by Sub-Divisional Magistrate i.e. Opposite Party no. 3 and aforesaid committee would also scrutinize the fact that whether the meeting has been held under the provisions referred by learned counsel for the petitioner under Section 46, 46A, 46B of the U.P. Panchayat Raj Rules, 1974 and whether the meeting has been held properly or not.
In view of the above, the prayer is to direct the committee provided under the Government Order dated 17.08.2002, to look into the entire issue and take proper decision in accordance with law.
Considering the entirety of the case, the present writ petition is disposed of with a direction to the opposite party no.3 i.e. Sub-Divisional Magistrate, Tehsil-Bilgram, District-Hardoi, who is the head of the Committee, to take a decision on the impugned resolution considering the validity of the meeting held vide impugned resolution dated 28.07.2019 keeping in view the Section 46, 46A and 46B of the U.P. Panchayat Raj Rules, 1974 as well as judgment passed by this Court in Writ petition no.1293 (MS) of 2017 (Neelam Yadav & Anr. Vs. State of U.P. Thru Prin. Secy. Food & Supply Lko & Ors) decided on 21.02.2017.
The liberty is given to the petitioner to move an application/representation annexing therein all the relevant documents before the Sub-Divisional Magistrate i.e. opposite no.3, who is the head of the Committee for the redressal of his grievance, as has been raised in the present writ petition, within three weeks from today. In case, such application/representation is moved, the opposite party no.3, he shall make an endevour to decide the same keeping in view the provisions of Section 46, 46A and 46B of the U.P. Panchayat Raj Rules, 1974 as well as judgment passed by this Court in Writ petition no.1293 (MS) of 2017 (Neelam Yadav & Anr. Vs. State of U.P. Thru Prin. Secy. Food & Supply Lko & Ors) decided on 21.02.2017.
While taking the decision on the application/representation of the petitioner, the opposite party no.3 shall provide the proper opportunity of hearing to the petitioner. It is provided that till decision on the representation of the petitioner, impugned resolution shall not be carried out by the opposite party no.3.
It is further provided that the benefit of this order would be available to the petitioner, if he prefers the application/representation within 15 days from today.
Order Date :- 30.8.2019 Vinay/-