RAM NATH Vs. STATE

JUDGEMENT

(1.) Pleadings have been exchanged between the parties and with the consent of the learned Counsel for the parties, the writ petition is being disposed of at this stage. The present writ petition has been filed, inter alia, praying for quashing the Order dated 12.10.2006 (Annexure-1 to the writ petition), passed by the District Magistrate, Azamgarh on the Representation dated 29.8.2006 submitted by the petitioner pursuant to the Order dated 22.8.2006 passed by this Court in Civil Misc. Writ Petition No. 44829 of 2006 filed by the petitioner.

(2.) From the averments made in the writ petition, it appears that the petitioner was running a Fair Price Shop in Gram Panchayat, Mustafabad while the respondent No. 4 (Shyam Sundar Singh) was running a Fair Price Shop in Gram Sabha, Tulsipur. During the last Gram Panchayat elections, Gram Sabha, Tulsipur was also included in Gram Panchayat, Mustafabad. As a result, there were two Fair Price Shops running in Gram Panchayat, Mustafabad.

(3.) In view of the two Fair Price Shops coming under the Gram Panchayat, Mustafabad, the Sub-Divisional Magistrate, Sadar, Azamgarh passed an Order dated 18.7.2006 making equal allotment of quota of food grains between the said two Fair Price Shops-one being run by the petitioner while the other being run by the respondent No. 4. A copy of the said Order dated 18.7.2006 has been filed as Annexure-7 to the writ petition.