Court No. - 32
Case :- WRIT - C No. - 31492 of 2019
Petitioner :- Smt. Malti Devi
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Ram Kishore Pandey,Manoj Kumar Srivastava
Counsel for Respondent :- C.S.C.,Brij Kumar Yadav
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
The writ petition, inter alia, has been filed for the following reliefs:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the Deputy District Magistrate kannauj/respondent No.3 to forthwith issue the appointment letter as well as authorization letter to the petitioner in pursuance of the open meeting dated 13.08.2019 for the Dealership of the fair price shop of village Panchayat Seehpur Block, Tehsil and District Kannauj, within stipulated period fixed by this Hon'ble Court.
(ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the Deputy District Magistrate Kannauj/respondent No.3 issue the supply of the Essential Commodities to the petitioner immediately or prescribed period as fixed by this Hon'ble Court.
(iii) Issue a writ, order or direction in the nature of mandamus commanding and directing the Deputy District Magistrate Kannauj/respondent No.3 to consider and decide the representation/application dated 04.09.2019 made by the petitioner, pending before the respondent No.3."
The contention of the learned counsel for the petitioner is that even though the allotment of the fair price shop has been made by an open meeting on 13.08.2019 and the Block Development Officer Sadar Kannauj have submitted the entire papers on 29.08.2019 before the respondent No.3-Deputy District Magistrate Kannauj, but till date no order has been passed by the respondent No.3-Deputy District Magistrate Kannauj.
We failed to understand as to why the letter has not been issued to the petitioner although the petitioner was selected for running the fair price shop in an open meeting of Gaon Sabha on 13.08.2019.
Considering the facts and circumstances of the case, we direct the respondent No.3-Deputy District Magistrate Kannauj to issue an appointment/authorization letter to the petitioner for running the fair price shop within 10 weeks from the date of receipt of the certified copy of the this order. Provided there is no legal impediment.
With this observation, this writ petition stands disposed of.
Order Date :- 27.9.2019
A. Dewal