RAGHAVENDRA TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) This petition has been filed by the petitioner challenging the order dated 29.11.2019 passed by the opposite party no.2-Dy. Commissioner (Food), Ayodhya Division, Ayodhya, in Appeal No.16 of 2019, under Section 13 (1) of U.P. Essential Commodities (Regulation of Sale and Distribution Control), Order, 2016, hereinafter referred to as the 2016 order.

(3.) It has been submitted by the learned counsel for the petitioner that he is a Resident of Village Dewai, Post Dayodhi, Block and Tehsil Sohawal, District Ayodhya, and he participated in the selection process for appointment of Fair Price Shop License for the said Gram Sabha. Agenda was circulated on 11.03.2018 for an open general meeting held on 04.04.2018. The meeting was held on 04.04.2018 in the presence of Observers appointed by the opposite party nos.5 and 6-i.e. the Assistant Development Officer, Panchayat and Assistant Development Officer (ST) and two Sub Inspectors of the concerned police station. The petitioner and one Ram Bhawan had putforward their candidature. Ram Bhawan raised an objection to the candidature of the petitioner on the ground that the petitioner is the brother of Village Pradhan and thus ineligible. The petitioner submitted that he was living separately and his family has been given a separate page in the Family Register/Parivar Register of the village concerned. The Candidature of the petitioner was accepted and he was recommended in the said meeting of the Gram Sabha by a Resolution dated 04.04.2018 The matter was sent to the S.D.M. who placed the same before Tehsil Level Committee where again the objection of Ram Bhawan was considered regarding ineligibility of the petitioner, the petitioner was thereafter allotted the Fair Price Shop of the village Dewai. The order of allotment dated 19.05.2018 clearly stated that the objections raised by Ram Bhawan was found to be inappropriate in view of legal advice given by the DGC (Civil), Faizabad, with regard to the applicability of Government Order dated 03.07.1990.