Court No. - 26
Case :- WRIT - C No. - 11136 of 2018 Petitioner :- Renu Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ashok Kumar Yadav Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Mrs. Sangeeta Chandra,J.
Learned counsel for the petitioner prays for and is granted liberty to correct the array of parties in the writ petition and strike out District Supply Officer as respondent no. 3 and replace the said respondent by SDM, Sadar Deoria during the course of the day.
This writ petition has been filed by the petitioner praying for a direction to the Authorities to hold a fresh meeting of the Gram Sabha for allotment of Fair Price Shop in village Lakhanchand Block Baitalpur, District Deoria and also to decide the application / representation of the petitioner dated 9.3.2018.
A perusal of the representation dated 9.3.2018 shows that the petitioner has complained regarding irregularity in the conduct of open general meeting on 7.3.2018 wherein the petitioner was also a candidate, but resolution was allegedly passed in favour of one Vyas Gupta son of Kailash Gupta.
From a perusal of the said representation, it is also clear that the Additional District Magistrate (E) has made a note thereon marking the representation to SDM, Sadar to get an enquiry conducted into averment made in the representation and if some substance is found in the complaint, then a fresh open general meeting be held in the presence of Tehsildar / Naib Tehsildar or any other officers representing the SDM, Sadar.
It has been submitted by the learned counsel for the petitioner that despite such direction by the Additional District Magistrate (E), no enquiry was conducted and the SDM, Sadar is sitting tight over the matter.
This writ petition is disposed of without entering into the merits of the controversy with a direction to get an enquiry conducted as directed by the Superior Officer before passing any allotment order in favour of the recommended candidate by the Gaon Sabha. In such enquiry Vyas gupta shall also be associated.
Order Date :- 28.3.2018 Arif