Court No. - 10
Case :- WRIT - C No. - 42195 of 2018 Petitioner :- Rajeev Kumar Gupta And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prabhakar Awasthi,Pankaj Gaur Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondent.
Petitioners are before this Court assailing the impugned notification dated 9.1.2018 inviting application for allotment of fair price shop at Nagar Panchayat Allapur and Usawan. With further request commanding the respondents to take into consideration the objections of the petitioners and make adjudication thereon by way of reasoned speaking order forthwith.
Sri Prabhakar Awasthi, learned counsel for the petitioners in support of his submissions submits that the impugned notification dated 9.12.2018 whereby the respondent had invited application for allotment of fair price shop at Nagar Panchayat Allapur and Usawan, is in teeth of executive instruction dated 15.1.2004 which provides at one Nagar Panchayat on 4000 unit/800 ration card at least one fair-price shop has to be appointed. Regarding units/ration cards which are attached to the petitioners, he has placed reliance Annexure 5,Paper Book 25 as such he submits that the impugned notification is liable to be set aside. He submits that some reasonable time may be accorded to the petitioners so that detailed objection may be filed before the fourth respondent.
In the facts and circumstances, no useful purpose would be served in keeping the writ petition pending and with the consent of the parties, the writ petition is disposed of finally with a direction that in case, any such objection is filed by the petitioner within a week's time from today before the fourth respondent, he would proceed strictly, in accordance with law to decide the same as expeditiously as possible and preferably within further two months time but certainly after affording opportunity to all stakeholders in the matter.
Order Date :- 20.12.2018 A.K.Srivastava