Court No. - 46
Case :- WRIT - C No. - 12819 of 2019 Petitioner :- Shadab Hussain Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Santosh Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard Sri Santosh Kumar Mishra, learned counsel for the petitioner, learned Chief Standing Counsel for the State and perused the record.
The petitioner has come up with the prayer that the representation dated 05.03.2019 submitted by him to the respondent no. 3, Sub Divisional Magistrate, Tehsil Meerganj, District Bareilly against the rersolution of Gaon Sabha dated 23.02.2019 be decided.
This Court called for instructions from the State on 12.04.2019 fixing 25.04.2019. However, the matter could not be taken up on the date fixed. Thereafter, the matter was taken up by this Court on 27.05.2019. The order of this Court dated 27.05.2019 reads as under:-
"Personal affidavit of Rohit Yadav filed today is taken on record.
On the request of Sri Siddharth Singh, learned Additional Chief Standing Counsel, put up on 29.05.2019 in the additional cause list.
On the next date, Sub Divisional Magistrate shall remain present before the Court."
In view of the orders passed by this Court on 15.05.2019, the Sub Divisional Magistrate has filed his personal affidavit, wherein he has stated that the proceedings of fair price shop shall be completed by 7th June, 2019. It is further averred in the affidavit that the action against the concerned authority shall also be taken. The said fact has been mentioned in para 5 and 6 of the personal affidavit of Rohit Yadav, Sub Divisional Magistrate, Tehsil Meerganj, District Bareilly, which reads as under:-
"5. That, it is submitted that proceedings for fresh allotment of Fair Price Shop of Village Ferozpur under Clause 11 of Government order dated 18.07.2002 shall be completed by 7th of June, 2019 through lottery system.
6. That, since the resolution dated 23.02.2019 was passed without any notice to the deponent, the deponent undertakes to issue a show cause notice to the Block Development Officer, Block Meerganj to explain as to how when advertisement was issued on 20.02.2019 for allotment of Fair Price Shop under Clause 11 of Government Order dated 18.07.2002 through lottery system why he has proceeded to get an open meeting of the Gaon Sabha on 23.02.2019."
Thus, the writ petition is disposed of in the light of assertion made in the affidavit of Rohit Yadav, respondent no. 3, Sub Divisional Magistrate, Tehsil Meerganj, Distirct Bareilly.
Order Date :- 29.5.2019 v.k.updh.