Court No. - 10
Case :- WRIT - C No. - 3414 of 2019 Petitioner :- Satish Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Preet Pal Singh Rathore Counsel for Respondent :- C.S.C.,Manu Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Preet Pal Singh Rathore, learned counsel for the petitioner; Shri Devesh Vikram, learned Standing Counsel for the State respondents and Shri Manu Singh, appearing for the Gaon Sabha.
The petitioner is before this Court with request to issue direction to the respondent nos.2 to 5 to make allotment of the fair price shop licence of Gram Panchayat Kasher, Block Gangeeri, Tehsil Atrauli, District Aligarh in accordance with reservation roster as prescribed in the Government order dated 10.8.2017 within some stipulated time.
Initially, the matter was taken up by this Court on 31.1.2019 and on the request of learned Standing Counsel, the case was directed to put up on 12.2.2019 to enable him to seek instructions in the matter. Again the matter was taken up on 18.2.2019 and on the date date, the Court had proceeded to pass following order:-
"Shri Devesh Vikram, learned Standing Counsel states that in compliance of the order of this Court dated 31.1.2019, he has received the instructions dated 6.2.2019 sent by the Sub Divisional Officer, Atrauli, District Aligarh wherein it has been stated that there is no vacancy of the fair price shop in question. The instruction is taken on record.
Shri Devesh Vikram also apprises to the Court that the licence of the fair price shop of the village in question has already been cancelled on 31.12.2018 but so far as the instructions is concerned, the same is silent whether any appeal or writ petition has been preferred against the cancellation order or not. He prays for and is accorded a week's time to seek necessary instructions in this regard.
Put up this matter on 25.2.2019 as fresh."
On the matter being taken up today, Shri Devesh Vikram, learned Standing Counsel states that in compliance of the aforesaid order dated 18.2.2019, he has received detailed instructions dated 21.2.2019 sent by the Sub Divisional Officer, Atrauli, District Aligarh. He states that the fair price shop in question is earmarked for Scheduled Caste candidate and there is no vacancy in the village. The petitioner does not have any cause of action to file the instant writ petition and the writ petition is liable to be dismissed on this score itself.
In aforesaid instructions it has been stated that the petitioner made a complaint before the second respondent on 18.4.2017 alleging that several criminal cases are pending against the fair price shop dealer namely Sahodan Singh. On the aforesaid complaint, the fair price shop licence of Sahodan Singh was suspended on 15.11.2018. Finally, the licencing authority has cancelled his fair price shop licence on 31.12.2018. He approached this Court by preferring Writ C No.2059 of 2019 in which an interim order was passed by this Court on 22.1.2019 staying the effect and operation of the cancellation order dated 31.12.2018, until further order. In compliance of the aforesaid interim order dated 22.1.2019, his fair price shop licence has been restored on 25.1.2019 and at present, he is running the fair price shop in question. Thereafter, this Court vide its order dated 30.1.2019 directed to the District Magistrate concerned to revisit the entire matter on his own wisdom independently and pass appropriate order after concluding the enquiry in the matter in pursuance of the order dated 10.12.2018 passed by this Court on or before next date fixed. In compliance thereof, the District Magistrate has restored the fair price shop licence on 15.2.2019 and forfeited the security amount of Rs.5000/-. The instruction is taken on record.
In the facts and circumstances, the objection so raised by learned Standing Counsel definitely has force and no relief can be accorded in favour of the petitioner.
The writ petition is dismissed.
Order Date :- 25.2.2019 RKP