MANISH KUMAR MAURYA Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Shri Pravesh Kumar, learned counsel for the petitioner and Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel for the State respondents.

(2.) The petitioner is before this Court assailing the validity of the order impugned dated 01.9.2020 passed by the second respondent, Sub Divisional Magistrate, Tehsil Sadar, District Bhadohi, whereby he has proceeded to cancel the proposal of the Gram Sabha Pipari, Tehsil Sadar, District Bhadohi and directed to fresh meeting of the Gaon Sabha on 07.9.2020 for selection of a new fair price shop dealer.

(3.) It appears from the record that in Gram Sabha Pipari, Tehsil Sadar, District Bhadohi, a vacancy arose for allotment of fair price shop in question to the new dealer. Such vacancy was informed to the District Supply Officer, who directed to hold a meeting of Gaon Sabha on 08.7.2020 for passing a resolution for allotment of the fair price shop in question. The meeting was convened in the campus of Primary School Pipari but the same was postponed for 10.7.2020. The open meeting of the Gaon Sabha was held on 10.7.2020 in presence of police force under supervision of Village Development Officer and the Village Development Officer for considering the appointment of new fair price shop dealer. In said meeting, candidature of the petitioner and one Anil Kumar singh was considered for the said purpose, wherein the petitioner secured 654 votes, whereas Anil Kumar Singh got 125 votes and as such, the resolution has been passed in favour of the petitioner and his name was recommended for allotment of the fair price shop. The said resolution was sent to the second respondent for further action. By the impugned order dated 01.9.2020 the second respondent has cancelled the resolution of the Gaon Sabha and directed to hold fresh open meeting of the Gao Sabha for appointment of new fair price shop dealer.