Court No. - 10
Case :- WRIT - C No. - 33845 of 2018 Petitioner :- Rama Nand Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Kamleshwar Singh Counsel for Respondent :- C.S.C.,Brij Kumar Yadav,Naresh Kumar Pal
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner; Shri Sanjai Kumar Singh, learned Standing Counsel for the State respondents and Shri Naresh Kumar Pal, learned counsel for the private respondent no.5.
The petitioner is before this Court with request to issue direction to the third respondent, Bloci Development Officer, Mahewa, Tehsil Chakarnagar, District Etawah to fix a date for holding the open meeting of the Gaon Sabha for selection/appointment of the fair price shop of the village in question.
On the matter being taken up today, Shri Sanjai Kumar Singh, learned Standing Counsel states that he has received the instructions dated 13.11.2018 from Block Development Officer, Maheva, District Etawah, wherein it has been stated that in the open meeting of the Gaon Sabha the resolution was passed on 12.11.2018. The candidature of the petitioner was found to be in order and the recommendation was made for settlement of the fair price shop in question in his favour. The instructions is taken on record.
In this backdrop, learned counsel for the petitioner states that on account of pendency of the present writ petition, the final order has not been passed by the Sub Divisional Magistrate concerned.
Once the aforesaid instruction has been placed before this Court by learned Standing Counsel then there is no reason or occasion to adjudicate the matter on the merits. However, in the interest of justice, a direction is issued to the Sub Divisional Magistrate, Chakarnagar, District Etawah to accord approval of the same forthwith, in case there is no other impediment.
The writ petition is disposed of, accordingly.
Order Date :- 21.12.2018 RKP