Court No. - 26
Case :- WRIT - C No. - 11335 of 2018 Petitioner :- Shankarshaneshwardhar Dubey Respondent :- District Magistrate, Allahabad And 3 Others Counsel for Petitioner :- Shyam Chandra Pandey,Rajiv Kumar Mishra Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Mrs. Sangeeta Chandra,J.
(Oral)
1. Heard the learned counsel for the petitioner, Shri Diwakar Singh, Advocate, for respondent No. 4 and learned Standing Counsel for State-respondents.
2. This writ petition has been filed by the petitioner praying for a Mandamus to be issued to the District Magistrate to decide the representation of the petitioner within a stipulated period of time.
3. From a perusal of the representation said to be pending since 02.02.2018, it is evident that the petitioner is aggrieved against the resolution passed by Gram Sabha Bahadurpur, Development Block Holaghar, Tehil Soraon, District Allahabad wherein a recommendation has been made in favour of Santosh Kumar son of Ram Nath for allotment of the vacant fair price shop of the village concerned.
4. The counsel for the petitioner states that in pursuance of the resolution dated 02.02.2018 no decision has been taken by the Tehsil Level Selection Committee and no allotment order has been passed till date.
5. Accordingly, this writ petition is disposed off with a direction to the District Magistrate to consider and decide the representation of the petitioner regarding the irregularities complained of in passing of the resolution in open general meeting of the Gram Sabha concerned within a period of six weeks from the date a certified copy of this order is produced before him. The District Magistrate may ask the Sub Divisional Magistrate concerned to get an inquiry conducted in the matter by the Block Development Officer and the ADO (Panchayat). The District Magistrate may consider the comments sent by the Sub Divisional Magistrate, Soraon and the Sub Divisional Magistrate, Soraon may also associate the recommended candidate in the inquiry before sending his comments.
6. Disposed off.
Order Date :- 28.3.2018 LBY