Court No. - 10
Case :- WRIT - C No. - 4493 of 2019 Petitioner :- Om Prakash Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Imtiyaj Ali,Murtuza Ali Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
The supplementary affidavit filed today is taken on record.
Heard Shri Murtuza Ali, learned counsel for the petitioner and Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel for the State respondents.
The petitioner is before this Court assailing the validity of the impugned order dated 25.1.2019 passed by the second respondent, Collector, Badaun, by which he has directed to the Sub Divisional Officer, Bisauli to fix a date for holding an open meeting of Gaon Sabha Parvejnagar, Block Aasafpur, District Badaun for selecting the fair price shop dealer of the said village.
Initially, the matter was taken up on 11.2.2019 and on the said date, the Court had proceeded to pass following order:-
"Shri Apurva Hajela, learned Standing Counsel may seek instructions in the matter as it has been alleged that the original resolution has been passed in favour of the petitioner on 10.01.2009 in the presence of Gram Panchayat Adhikari/ Secretary, Gram Panchayat concerned and the Pradhan of the village in question. From bare perusal of the impugned order nothing has been reflected that how much vote has been casted in favour of the petitioner and in case any enquiry has been conducted then under what circumstances the statement of Gram Panchayat Adhikari/ Secretary, Gram Panchayat has not been recorded. Said factual aspect may also be apprised to the Court on the next date fixed in the matter.
Put up this matter as fresh on 18.02.2019."
Thereafter, the matter was taken up on 18.2.2019 and the Court had passed a detailed order as under:-
"Petitioner is before this Court assailing the validity of order dated 25.01.2019 passed by second respondent i.e. Collector Badaun, whereby, open meeting was asked to be conducted in the presence of Additional Collector (Administration), Badaun. Further prayer has been made to command the third respondent to issue quota cards etc. to petitioner pursuant to the report given by observer i.e. Block Development Officer, Bisauli, District Badaun dated 10.01.2019.
On the matter being taken up today, in response to the order dated 11.02.2019, the instruction dated 15.02.2019 has been placed by Shri Siddharth Singh, learned Additional Chief Standing Counsel. The same is taken on record.
After going through the entire record and considering the facts and circumstances of the case, once the Court has declined to interfere in the matter and proposed that fresh resolution is liable to be taken place in the matter, learned counsel for the petitioner prays that some breathing time may be accorded for seeking instruction in the matter.
Request made is accepted. Put up this matter tomorrow."
On the matter being taken up today, Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel has placed instructions sent by the Sub Divisional Officer, Tehsil Bisauli, District Badaun dated 15.2.2019 and the same is taken on record.
Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel states that by the impugned order dated 25.1.2019 the District Magistrate, Baudaun has directed to the Sub Divisional Officer, Bisauli to hold an open meeting of the Gaon Sabha for selecting the fair price shop dealer. In pursuance thereof, the Sub Divisional Officer has fixed a date on 11.2.2019 for holding open meeting of the Gaon Sabha but on the said date, the open meeting of the Gaon Sabha was not held. Once the procedure is prescribed in the Government orders dated 3.7.1990 and 17.8.2002 for holding an open meeting of the Gaon Sabha for selection of fair price shop dealer and still both the Government orders hold the field, then the procedures are to be adhered for settlement of the fair price shop strictly in accordance with law. There is no infirmity or illegal in the impugned order and the writ petition is liable to be dismissed.
This Court has proceeded to examine the record in question and perused the instructions dated 15.2.2019, wherein it has been stated that by the order dated 28.12.2018 the District Magistrate, Badaun directed for holding an open meeting of the Gaon Sabha Parvejnagar, Tehsil Bisauli on 10.1.2019 for selecting the fair price shop dealer. On the said date the open meeting of the Gaon Sabha was held and the resolution was passed in favour of Shri Om Prakash son of Shri Aneg Singh, resident of Parvej Nagar but the Block Development Officer, Asafpur has not forwarded the said proposal to the Sub Divisional Officer for further action. Meanwhile, Raju Yadav, Lalaram and ors made the alleged complaint before the Additional District Magistrate (Administration). After going through the said complaint and hearing all the parties, the District Magistrate, Badaun vide impugned order dated 25.1.2019 has directed to the Sub Divisional Officer, Bisauli to hold an open meeting of the Gaon Sabha for selecting the fair price shop dealer. In pursuance of the said order, the Sub Divisional Officer has directed to the authority concerned to hold an open meeting of the Gaon Sabha on 11.2.2019. On the said date the open meeting of the Gaon Sabha was not held but the Block Development Officer, Asafpur vide his letter dated 20.1.2019 has forwarded the proposal of the Gaon Sabha dated 13.2.2019 to the Sub Divisional Officer for further action. The Court has also perused both the Government orders dated 3.7.1990 and 17.8.2002 and is of the opinion that once the procedure is provided in the aforesaid Government orders dated 3.7.1990 and 17.8.2002 for holding an open meeting of the Gaon Sabha, then it is paramount responsibility of the authority concerned to hold an open meeting of the Gaon Sabha for settlement of the fair price shop in question. There is no infirmity or illegality in the impugned order.
The writ petition is disposed of, accordingly.
Order Date :- 22.2.2019 RKP