In brief the facts of the present case are to the effect that the petitioner was initially granted a licence of running fair price shop in Village- Panchyat Pakri Marudeeh, Block Marudeeh Pargana Tehsil and District Gonda, thereafter, in the year 2006 he was selected/appointed as Shiksha Mitra for the block Rupaideeh.
In view of the above said facts, the order dated 16.7.2009 passed by the respondent no.2 by which the agreement for running the fair price shop of the petitioner was cancelled. Aggrieved by the said order the petitioner filed an appeal before the appellate authority i.e. Commissioner Devi Patan Mandal, Gonda, respondent no.2 and the same was dismissed by order dated 26.8.2009 at the admission stage on the ground that it was admitted by the learned counsel for the appellant that he had been appointed as Shiksha Mitra so as per law the person, who has been appointed as Shiksha Mitra cannot be allowed to run the fair price shop, hence the present writ petition.
Sri D. R. Shukla, learned counsel for the petitioner while assailing the said order, inter-alia, relied on the report submitted by Assistant Basic Shiksha Adhikari, Gonda dated 1.6.2009 as contained in Annexure no.3 wherein the said Officer has stated as under :-
"Is samband me maira mat hai ki Shiksha Mitra hone se sarkari sastey galley ki dukan ka karya prabhavit nahi hota Sri Misra niyamit rup se vidalaya atey hai. Jabki sarkari saste galley ki dukan se vitran mah me do ya teen din hi hota hai isme shiksha mitra ko mah me ek din ka avakash bhi milta hai shesh karya wah mah me parne wali chhutiyao (Ravivar ya anya) me bhi ker saktey hain. On the basis of the said report, it was vehemently argued by Sri D. R. Shukla, learned counsel for the petitioner that the action on the part of the respondent nos. 2 and 1 thereby cancelling the petitioner's agreement to run the fair price shop and dismissing the appeal is totally contrary to the facts of the case.
In view of the above said facts, prima facie I am of the opinion that said order dated 1.6.2009 (Annexure No.3) has been submitted by Assistant Basik Shiksha Adhikari, Gonda with some oblique and motive purpose and contrary to law. In view of the above said facts, the learned Standing Counsel is directed to inform the said authority (Assistant Basik Shiksha Adhikari,Gonda) to appear before this Court on 16.2.2010 and inform/submit that under what circumstances he had issued the order dated 1.6.2009 (Annexure No.3) to the writ petition.
List/put up on 16.2.2010 along-with Writ Petition No.5059 (MS) of 2009.
The matter in respect to admission/grant of interim relief may be considered on the next date.
Order Date :- 2.2.2010 Pramod