Court No. - 45
Case :- WRIT - C No. - 20233 of 2018 Petitioner :- Jai Ram Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Sagar Singh,Ashok Kumar Yadav Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Ajay Bhanot,J.
The Village Panchayat Mathia, District Gorakhpur in open meeting passed a resolution on 25.4.2018 recommending the name of the petitioner for appointment as a fair price shop dealer of the aforesaid village panchayat.
The contention of Sri Shiv Sagar Singh, learned counsel for the petitioner is that the meeting was called on the directions of the District Magistrate issued on 12.4.2018. The meeting took place in the presence of the Assistant Development Officer (Panchayat) who was present in his capacity as an Official Observer. Subsequently by order dated 26.4.2018 the proceedings were forwarded by the Block Development Officer, Gorakhpur to the Sub Divisional Magistrate, Chauri Chaura, District Gorakhpur for further action.
The submission of Sri Shiv Sagar Singh, learned counsel for the petitioner is that no action has been taken on the aforesaid recommendation and the petitioner has not been appointed as a fair price shop dealer. The petitioner has also submitted a representation in this regard.
The only prayer made by the learned counsel for the petitioner is that the aforesaid representation may be decided within stipulated period of time.
The learned Standing Counsel has no serious objection to the aforesaid prayer.
The respondent no.2 is directed to decide the aforesaid representation in accordance with law within a period of two months from the date of receipt of certified copy of this order along-with a fresh copy of the representation and the proposal of the aforesaid village panchayat. The respondent no.2 shall call for the decision of the Tehsil Level Committee, in regard to the validity of the resolution and recommendation of the candidature of the petitioner for appointment.
It is clarified that this court has not gone into the merits or the validity of the resolution. The same shall be decided by the competent authority after independent application of mind.
With aforesaid observation and direction present writ petition is disposed of.
Order Date :- 29.5.2018 Pramod