Court No. - 39
Case :- WRIT - C No. - 57776 of 2009 Petitioner :- Saurabh Singh Respondent :- State Of U.P. & Others Counsel for Petitioner :- Shiv Sagar Singh Counsel for Respondent :- C.S.C.,D.D. Chauhan
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Heard Sri Shiv Sagar Singh, learned counsel for the petitioner and learned Standing Counsel for the respondents.
The petitioner in the writ petition is seeking a direction to the respondents to supply the essential commodities to him to run his fair price shop.
Briefly stated, the case of the petitioner is that after completing all the necessary formalities for grant of fair price shop license, he was duly selected in the meeting of the Gaon Sabha held in the presence of the Gram Pradhan and thereafter, a license of shop no. 50 R.A. was issued in his favour. It is, however, stated that thereafter, no essential commodities were provided to the petitioner for disbursement to the cardholders. It is also stated that when some dispute arose the petitioner filed a writ petition no. 56865 of 2008 (Saurabh Singh v. State of U.P. & others) in which the Court directed the Standing Counsel to obtain instructions as to why the essential commodities were not being provided to the petitioner. The writ petition was finally decided by the Court by order dated 26.11.2007 with a direction to the Sub Divisional Magistrate to decide the matter within four weeks. Thereafter, the Sub Divisional Magistrate passed an order dated 8.9.2009 directing the Gaon Sabha to reconsider the proposal made in favour of the petitioner. The Gaon Sabha again met on 4.10.2009 and reaffirmed its earlier proposal. But thereafter, no essential commodities were supplied to the petitioner till filing of the present writ petition.
In the counter affidavit filed on behalf of the Sub Divisional Magistrate, respondent no. 3, it is stated that there were some complaints of the villagers against the resolution passed by the Gaon Sabha and therefore, the Sub Divisional Magistrate had directed the Gaon Sabha to revisit its resolution and the Gaon Sabha had thereafter held a meeting on 4.10.2009 but no decision was taken.
An impleadment has been filed by one Shiv Kumar and in paragraphs 9 and 10 of the affidavit filed in support of the application, it has been stated that the petitioner is the real nephew (sister's son) of Gram Pradhan Hari Singh Chauhan and one Brij Bhan Singh is the grandfather (nana) of the petitioner and the father of the petitioner is Rati Pal Singh and Rati Pal Singh is residing with Hari Singh, the Pradhan at Malkhanpur, Vidhan Sabha Billahaur and Saurabh Singh is the real nephew of Gram Pradhan Hari Singh Chauhan.
The impleadment application has not been allowed and we do not propose to allow the same since the matter is being finally disposed of and the counsel for the applicant also is not present.
However, if there is any complaint that the petitioner is a relative of the Gram Pradhan and therefore, could not have been selected as fair price shop dealer, the Sub Divisional Magistrate, respondent no. 3 ought to have considered all the facts and then passed a positive order deciding the issue as to whether the license granted in favour of the petitioner was valid or not after giving an opportunity to the parties of being heard but nothing has been done.
Sri Shiv Sagar Singh, learned counsel for petitioner further states that in pursuance of the order of the Court dated 1.12.2009, the petitioner has also submitted a fresh application but till date no order has been passed.
We are, therefore, of the view that no useful purpose would be served by keeping this writ petition pending.
We, therefore, dispose of the writ petition with a direction to the Sub Divisional Magistrate, Kanpur Dehat, respondent no. 3 to take a decision in the matter of the petitioner in accordance with law positively within a period of two months from the date of receipt of a certified copy of this order in his office.
Order Date :- 29.11.2018 nd