Court No. - 27
Case :- WRIT - C No. - 14774 of 2018 Petitioner :- Prem Shankar Saroj Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Anand Mohan Pandey Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
The learned counsel for the petitioner contends that a proposal has been approved for appointment of respondent No.6 as the fair price shop dealer of village panchayat Mahuli, District- Allahabad. He further contends that the appointment letter has yet not been issued. The learned counsel for the petitioner further contends that the proposal to appoint the respondent No.6 as the fair price shop dealer is vitiated, inasmuch as, the respondent No.6 is the real brother of the current village panchayat Mahuli, District-Allahabad. Further, the respondent No.6 is a person of criminal antecedents and is facing trial under serious offence including section 302 of the IPC. The resolution passed in favour of the respondent No.6 is an invalid resolution. He has submitted a representation in this regard.
Per contra, learned Standing Counsel contends that these contentions are disputed questions of fact which need to be investigated by the competent authority.
Considering the submissions at the bar, the respondent No.2 is directed to decide the representation of the petitioner along with a fresh copy of the representation. The respondent No.2 shall hear all concerned parties including respondent No.6 before passing any order.
It is further provided that any appointment of an alternative fair price shop dealer or any other arrangement made by the authorities shall abide by the decision of the District Magistrate.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 24.4.2018 Ashish Tripathi