Court No. - 26
Case :- WRIT - C No. - 10068 of 2018 Petitioner :- Sanjay Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Daya Shanker Pandey Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J.
(Oral)
1. In pursuance of the orders passed by this Court earlier the learned Standing Counsel has produced the copy of instructions sent by Sub Divisional Magistrate, Dadari dated 26.03.2018.
2. It appears that Gram Sabha Achchheja and Gram Sabha Itahera in Development Block Bisrakh and Gram Sabha Kailashpur, Gram Sabha Dabra and Gram Sabha Derimachchha in Development Block Dadari are notified to be included in municipal limits of NOIDA and therefore, no Gram Panchayat is in existence in such villages.
3. The Government Order No. 2715 dated 17.08.2002 shall not apply as it relates to allotment of fair price shops in rural areas, but the Government Order No. 2714 dated 17.08.2002 relating to urban areas shall apply. Therefore, lottery system has been adopted.
4. Petitioner in this writ petition had approached this Court for quashing of the order dated 06.03.2018 which is a communication by the Area Rationing Officer, Dadari to respective candidates who participated and were selected in the lottery/draw held for allotment of fair price shops in Tehsil - Dadari.
5. The learned counsel for petitioner submits that the petitioner is not disputing the holding of draw by lottery system in urban areas but is aggrieved against the conduct of such draw by adopting irregular procedure as has been described by him in his representation dated 09.03.2018. The Tehsil Level Selection Committee has already passed an order in favour of respondent No. 5, Satish son of Brahma Pal for allotment of fair price shop for village Kailashpur. Therefore, this Court does not wish to interfere in the matter. But the representation of petitioner dated 09.03.2018 submitted to District Magistrate, Gautam Buddha Nagar shall be considered by the District Magistrate by summoning the recording done of the whole lottery process as is required under Government Order No. 5/2017/642/29-6-2017 dated 21st of April, 2017. The CD from the office concerned shall be carefully perused and if substance is found in the allegations of the petitioner as mentioned in the representation, then, an opportunity of hearing shall be given to the opposite party No. 5 before appropriate orders are passed by the District Magistrate.
6. Let this exercise be completed within a period of six weeks from the date a certified copy of this order is produced before him.
7. The writ petition is disposed off.
Order Date :- 30.3.2018 LBY