Court No. - 18
Case :- WRIT - C No. - 33632 of 2021 Petitioner :- Ramnarayan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned standing counsel for State-respondents.
Present petition has been filed seeking following relief:-
"i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent No. 3 to consider the objection dated 25.11.2021 for the petitioner and other villagers before granting approval of resolution dated 10.11.2021 passed in favour of respondent No. 4 for appointment of fair price shop agent within the stipulated time."
Learned counsel for the petitioner submitted that for the vacant fair price shop of petitioner's Village-Umarai, a meeting was convened on 25.10.2021 in absence of Observer; which required to be nominated by the District Magistrate, therefore, on objection of the villagers, meeting was cancelled and no proposal was passed. It is further submitted that regarding the next meeting for appointment of agent for fair price shop, neither any notice was issued nor any information has been given to the villagers. It is next submitted that petitioner is also a prospective applicant but due to lack of knowledge, he could not apply for fair price shop allotment. Against the proposal, he has submitted his objection and further requested that while taking decision on the proposal, his objection may also be considered.
Learned standing counsel submitted that in case decision has yet not been taken and further applicant is a resident of the same village and eligible to file objection for allotment of fair price shop, his objection shall be considered before taking decision.
In view of the facts and circumstances of the case, with the consent of parties, without adverting on the merits of the case, the writ petition is disposed of with direction to respondent No. 3 to consider the objection of petitioner, in case decision has yet not been taken. While considering his objection, respondent No. 3 shall first verify as to whether petitioner is a resident of the same village or not and having eligibility for allotment of fair price shop specially with regard to reservation policy. In case decision has already been taken, there is no need to take fresh decision and only copy of decision shall be provided to the petitioner.
Order Date :- 17.12.2021 Sartaj