Court No. - 10
Case :- WRIT - C No. - 2223 of 2019 Petitioner :- Qasim Ali Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Mohammad Mustafa,Afshan Shafaut Counsel for Respondent :- C.S.C.,Dharam Deo Chauhan
Hon'ble Mahesh Chandra Tripathi,J.
Heard Ms. Afshan Shafaut, learned counsel for the petitioner; learned Standing Counsel for the respondents and Shri D.D. Chauhan, learned counsel appearing for the Land Management Committee.
Notice need not be issued to the private respondent no.6 in view of the order proposed to be passed.
The petitioner is before this Court with request to issue direction to the respondent authority to make an enquiry with regard to functioning of respondent no.6, who is licensee of fair price shop situated at Gram Panchayat Badhar Ghat, Post Chetiya Bazar, Police Station Mishrollia, Tehsil Bansi, District Siddharth Nagar.
Learned counsel for the petitioner states that the petitioner alongwith other villagers made a complaint on 23.10.2018 against the respondent no.6 for irregular distribution of essential commodities to the card holders of the village in question. The cognizance has already been taken in the matter and the charge sheet has also been served upon the respondent no.6 on 30.10.2018 but no final decision has been taken in the matter. The petitioner has confined his prayer only to the relief that his representation dated 5.11.2018 may be considered by the appropriate authority.
Learned counsel for the respondents has no objection to the said prayer. No useful purpose would be served in keeping the writ petition pending.
In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the third respondent, Sub Divisional Magistrate, Bansi, District Siddharth Nagar to finalize the proceeding in accordance with law after affording opportunity of hearing to the respondent no.6 namely Shri Triyugi, son of Jhabbu, within a period of two months from the date of production of a certified copy of this order before him.
Order Date :- 22.1.2019 RKP