Court No. - 10
Case :- WRIT - C No. - 39221 of 2018 Petitioner :- Tabassum Begum Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Indra Mohan Singh Counsel for Respondent :- C.S.C.,Manu Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Sheetla Prasad Dubey, learned Standing Counsel. Shri Manu Singh has accepted notice on behalf of Gaon Sabha.
The petitioner is before this Court assailing the proposal dated 29.9.2018 in respect of fair price shop in question; for a direction to second respondent to get a fresh proposal prepared for allotment of fair price shop in question and for a direction to second respondent to decide the representation dated 09.10.2018 submitted by the petitioner before him.
Learned counsel for the petitioner states that there were certain irregularities while mooting the proposal in question and regarding his grievance he has already made representation and the authority concerned may be directed to decide the said representation within stipulated period.
On the other hand, learned Standing Counsel raised preliminary objection regarding the maintainability of the writ petition on two grounds firstly that the same has been filed without impleading necessary party and secondly that in case the petitioner is aggrieved by the alleged proposal, he has liberty to assail the same by preferring an appeal.
The Court has proceeded to examine the record in question and find substance in the objection raised by learned Standing Counsel. However, it is always open to the petitioner to assail the validity of the proposal in question before the appropriate forum.
The writ petition is disposed of accordingly.
Order Date :- 30.11.2018 SP/