Court No. - 27
Case :- WRIT - C No. - 15133 of 2018 Petitioner :- Smt. Lalmati Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Pawan Kumar Rao Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner, the learned Standing Counsel, appearing for respondent nos. 1 to 5 and Sri Tariq Maqbool Khan, learned counsel appearing for respondent no.6- Gaon Sabha.
It is contended by the learned counsel for the petitioner that the petitioner is permanent resident of village Madhawaliya, District Kushinagar belonging to scheduled tribe. The Pradhan of village Madhwaliya Smt. Sheela also belongs to scheduled tribe and has been elected as Pradhan on the reserved seat of village Madhwaliya for scheduled tribe. Under the order of Sub-Divisional Magistrate, Kaptanganj, District Kushinagar, the allotment of fair price shop of village Madhwaliya was cancelled on 2.8.2017. Thereafter, representation was submitted by the villagers for allotment of fair price shop after following due procedure and the petitioner being of scheduled tribe also gave an application for allotment of fair price shop in her favour. This application of the petitioner was given on 19.12.2017.
It is stated that the petitioner came to know on 28.10.2017 that a resolution dated 28.8.2017 was passed behind the back of villagers of village Madhwaliya allotting fair price shop of the village to Smt. Kunti, who is a disabled lady of scheduled caste category.
Learned counsel for the petitioner has placed reliance upon a Government Order dated 17.8.2002, whereby, the procedure for allotment of fair price shop has been specified. It is contended that the petitioner filed an application before the Commissioner, Gorakhpur Division, Gorakhpur ventilating her grievance. Whereafter, by means of order dated 28.3.2018, the Additional Commissioner (Administration), Gorakhpur Region, Gorakhpur has directed the Sub Divisional Magistrate Kaptanganj, District Kushinagar for taking necessary action within a week in terms of para 4(2) and 7 of the Government Order dated 17.8.2002. It is stated in paragraph 25 of the writ petition that despite specific direction given by the Additional Commissioner to respondent no.3-Sub-Divisional Magistrate, the direction has not been complied till date.
In view of the aforesaid, I direct that the Sub-Divisional Magistrate, Kaptanganj, district Kushinagar shall take steps forthwith in pursuance of the order of Additional Commissioner (Administration), Gorakhpur Division, Gorakhpur which was communicated vide letter No. 1299/Pandrah-3(2017-18) dated 28.3.2018 within a period of one week from the date of service of a certified copy of this order.
In case the Sub-Divisional Magistrate has already complied the order, the same would be intimated to the petitioner.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 26.4.2018 sfa/ (Jayant Banerji, J)