Court No. - 42
Case :- WRIT - C No. - 20299 of 2021 Petitioner :- Sushma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nar Singh,Poonam Singh Sengar Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State respondents and perused the record.
Present petition has been filed with following prayer:-
"(i) Issue writ, order or direction int he nature of mandamus directing the respondents No. 2 & 3 to allot/ grant the license of Fair Price Shop of Nagar Panchayat Village Parsa Husain, Tehsil Donmariyaganj, District Siddharth Nagar;
(ii) Issue writ, order or direction in the nature of mandamus directing the Respondent No. 2 & 3 to decide the representations of the petitioners dated 8.6.2021 and 19.6.2021, within stipulated period as fixed by this Hon'ble Court."
On 25.8.2021 following order was passed:-
"Heard learned counsel for the petitioner and learned Standing Counsel.
Present petition has been filed for directing Respondent nos. 2 and 3 to allot / grant the license of Fair Price Shop of Nagar Panchayat, village Parsa Husain, Tehsil Donmariyaganj, District Siddharth Nagar.
Submission of learned counsel for the petitioner is that as a group namely, Laxmi Ajivika Mahila Swayam Sahiyaka Samooh, was granted Fair Price License and Smt. Urmila Devi was authorized to run Fair Price shop. She was also Adhyaksh of the said group, but unfortunately she died on 20.5.2021 and thereafter the shop has wrongly been attached to some other shop of one Dwarika Prasad.
Further submission is that since license was issued in favour of a group namely, Laxmi Ajivika Mahila Swayam Sahiyaka Samooh, therefore, some other member of the group should be appointed to run the fair price shop.
Attention was also drawn to Annexure-3 to submit that the members of the Group have already passed a resolution in favour of the petitioner to run the shop.
Learned Standing Counsel prays for and is granted three weeks' time to seek instructions.
List as fresh on 22.9.2021. "
Today, learned Standing Counsel is praying for further time to seek instructions in the matter. The above quoted order is dated 25.8.2021 and much time has already lapsed.
In such view of the matter, as agreed by learned counsel for the petitioner, present petition stands disposed of with a direction to the respondent no. 3, Sub Divisional Magistrate, Tehsil Donmariyaganj, District Siddharth Nagar to consider and decide the representations filed by the petitioner raising his grievance on its own merits, strictly in accordance with law, preferably within a period of one month from the date of production of self- attested copy of this order, whcih may be verified from the official website of this Court.
It is made clear that this Court has not considered the claim of the petitioner on merits.
With the aforesaid observation/ direction, present petition stands disposed of.
Order Date :- 23.9.2021 Aditya