Court No. - 26
Case :- WRIT - C No. - 1427 of 2018 Petitioner :- Smt. Mamta Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- S.B.Singh Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Mrs. Sangeeta Chandra,J.
Heard learned counsel for the parties.
On the basis of instructions received from the office of the Sub Divisional Magistrate, Bansdih, District Ballia dated 05.03.2018, a copy of which has also been provided by the learned Standing Counsel to this Court and is kept on record, the learned Standing Counsel submits that the order dated 03.01.2017 by which the petitioner-Mamta Devi had been appointed as fair price shop licensee of Gram Panchayat Tahirpur has been recalled by the Sub Divisional Magistrate vide order dated 22.02.2018.
I have perused the original order of allotment made in favour of Mamta Devi dated 29.08.2017 which refers to a proposal made by the Gram Sabha on 26.05.2017 in favour of the petitioner and the selection of the petitioner being done by the Tehsil Level Selection Committee. Thereafter a meeting was convened on 16.08.2017 and vide order order 29.08.2017 the petitioner was appointed as fair price shop licensee of Village Tahirpur, Post Sultanpur, and was asked to complete all formalities.
The order dated 22.04.2017 allegedly passed again by the Sub Divisional Magistrate, Bansdih, District Ballia, on the basis of a second proposal being sent by the Block Development Officer in favour of Janki Devi is completely without jurisdiction. The appointment of the petitioner being made by the Tehsil Level Selection Committee on 16.08.2017, the Sub Divisional Magistrate being the ministerial officer of the Tehsil Level Selection Committee and Member Secretary had passed the order dated 29.08.2017 in favour of the petitioner allotting the fair price shop to her.
The selection being done by the Tehsil Level Selection Committee cannot be nullified by the Sub Divisional Magistrate on his own. It has been held so by this Court in the judgement and order dated 03.01.2018 in Civil Misc. Writ Petition No. 26521 of 2017.
he order passed by the Sub Divisional Magistrate dated 22.04.2017 being completely without jurisdiction, is hereby set aside. The petitioner shall continue to be the fair price shop licensee in terms of the allotment order issued in her favour on 29.08.2017 and shall be allowed to lift the quota allotted to her shop within one week from the date a certified copy of this order is filed before the Sub Divisional Magistrate, Bansdih, District Ballia.
The writ petition is allowed subject to the observations/directions made herein above.
Order Date :- 29.3.2018 VR