Court No. - 10
Case :- WRIT - C No. - 37957 of 2019 Petitioner :- Ramji Ram Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Kamlesh Kumar Yadav Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav connected with Case :- WRIT - C No. - 51866 of 2017 Petitioner :- Ram Ji Ram Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kamlesh Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard Sri Kamlesh Kumar Yadav, learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents. Sri Manoj Kumar Yadav, learned counsel has accepted notice on behalf of Gaon Sabha.
Present petition has been filed with the following prayers.:
(I) Issue a writ, order or direction in the nature of certiorari quashing the impugned letter/order dated 5.11.2019 and 6.11.2019 passed by respondent no.5 and 4 respectively only to the extent by which the direction was made for the proposal for the allotment of Fair Price Shop, Village-Kawal Patti, Kasimabad, Ghazipur (Annexure No.1 to this writ petition).
(II) Issue a writ, order or direction in the nature of mandamus directing the respondent authority not to allot the Fair Price Shop to any other for the Village- Kawal Patti, Kasimabad, Ghazipur, during the pendency of present writ petition.
Connected petition has been filed with the following prayers:
(A) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to allot the fair price shop in pursuance of proposal dated 14.12.2016, passed by the Gram Panchayat Kawal Patti in open meeting.
(B) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to decide the representation of the petitioner dated 3.3.2017 and 15.7.2017 pending before the Up- Ziladhikari Kasimabad, District- Ghazipur.
At the very outset, learned counsel for the petitioner prays that the petitioner may be permitted to withdraw both petitions with liberty to avail statutory remedy by way of filing an appeal challenging the impugned orders.
Accordingly, present petition as well as connected petition stands dismissed as withdrawn with liberty to the petitioner to avail statutory remedy as may be available to him in law.
In case alternative statutory remedy is availed by the petitioner within 15 days from today, the same shall be entertained by the authority concerned without raising any objection with regard to limitation.
It is made clear that this Court has not examined the merits of the claim of the petitioner.
No order as to costs.
Order Date :- 27.11.2019 Abhishek