Court No. - 26
Case :- WRIT - C No. - 7610 of 2018 Petitioner :- Sarita Yadav Respondent :- State Of U.P. And Others Counsel for Petitioner :- Girish Chandra Yadav Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay,Suman Kumar Yadav
Hon'ble Mrs. Sangeeta Chandra,J.
(Oral)
1. Affidavit of Service is filed by learned counsel for petitioner, which is taken on record.
2. Vakalatnama on behalf of Respondent No. 7 has been filed by Dr. S.K. Yadav, Advocate. His name may be shown in the Cause List as appearing for respondent No. 7 whenever the matter is next listed.
3. In compliance of the order passed by this Court on 07.03.2018 Shri Anil Kumar Singh, Sub Divisional Magistrate, Phulpur, District Azamgarh is present in person. He has produced before this Court the record alleged to be original records of the minutes of meeting of Tehsil Level Selection Committee held on 18.12.2017. The pages are unmarked and unnumbered. Signatures of the members of Tehsil Level Selection Committee seem to have been made on one computer generated format without there being any consideration of the report of Supply Inspector said to have been sent on 04.12.2017. Nor there is any consideration of the complaint made by the petitioner, a copy of which is part of the record and has been received in the office of the Sub Divisional Magistrate and marked to the Supply Inspector and Area Rationing Officer on 06.12.2017.
4. Smt. Shobhawati Devi is present in person represented by her counsel Dr. Suman Kumar Yadav. Smt. Shobhawati Devi was asked to write her own name, name of her husband and the name of her son by this Court. Attempt made by Smt. Shobhawati Devi is pathetic. She might have practised writing her name after the resolution was passed by the Gaon Sabha in her favour and a complaint was made by the petitioner that in the Proceeding Register Smt. Shobhawati Devi has put her thumb impression and has not written down her name. The name of her husband and her son being well known to her for the past several years were asked to be written by her by this Court. She could not write the name of her husband or her son. She is supposed to be Class - VIIIth passed according the photostat copy of the Transfer Certificate/School Leaving Certificate issued by the Principal of Janta Purva Madhyamik Vidyalaya, Argupur Kalan, Jaunpur.
5. The record said to be original record is returned to the SDM. The plain papers on which Smt. Shobhawati Devi has tried to write the name of her husband and her son are being kept on record.
6. Since the pages of records said to be original were unnumbered, the Sub Divisional Magistrate was asked as to who maintains the record. The SDM informs that Supply Inspector maintains the record in his office. The Supply Inspector appears to be the same person who has submitted the report in favour of educational status of Smt. Shobhawati Devi on 04.12.2017.
7. I do not wish to direct initiation of disciplinary proceeding against the such Supply Inspector as this Court does not wish to exceed its jurisdiction. The affairs in the office of the SDM, Phulpur, Azamgarh do not seem to be in his control. There is a complete lack of due diligence to the duties of the office assigned to the Sub Divisional Magistrate and the Supply Inspector.
8. The order of allotment made in favour of Smt. Shobhawati Devi is set aside as the allegation of the petitioner that Smt. Sbhobhawati is illiterate is borne out by her inability to write the name of her husband and son Harikesh Yadav before this Court.
9. The Sub Divisional Magistrate shall direct the Block Development Officer to get an open general meeting of the Gram Sabha concerned held again after circulation of Agenda and in terms of the Rules 32 and 37 of the U.P. Panchayat Raj Rules, 1947.
10. Whenever such resolution is made, an inquiry shall be done into its regularity in accordance with the Government Orders and the Rules and then, the same shall be placed before Tehsil Level Selection Committee for appropriate orders to be passed thereon.
11. The whole exercise shall be completed preferably within a period of four months.
12. The writ petition is partly allowed.
Order Date :- 30.3.2018 LBY