RAM DULARE PRAJAPATI Vs. STATE OF U P

JUDGEMENT

(1.) The brief facts of this case are that the petitioner was allotted a fair price shop in Gram Panchayat, Guraini, Block Manihari Jakhania, District Ghazipur. On the basis of a resolution passed by Gram Panchayat, the Sub Divisional Magistrate, Jakhaniya, District Ghazipur, respondent No.3, passed an order dated 21.8.2009 appointing respondent No.5, Lal Behari, as second fair price shop dealer in the same Gram Panchayat. Challenging the order dated 21.8.2009 this writ petition has been filed with a further prayer for a direction in the nature of mandamus commanding the respondents not to interfere in the peaceful functioning and supply of the essential commodities to the fair price shop of the petitioner.

(2.) We have heard Sri R.S.Kushwaha, learned counsel for the petitioner as well as learned Standing Counsel appearing for the State-respondents and Sri Mahesh Narain Singh, learned counsel for the Gram Panchayat. Despite notice to the private respondent Nos.5 and 6, no one has put in appearance on their behalf.

(3.) The challenge to appointment of respondent No.5 as second fair price shop dealer in the Gram Panchayat in question is two fold. It is firstly contended that the units in the Gram Panchayat, Guraini are below 4000 and thus, the second fair price shop could not be allowed. Secondly, it is contended that the respondent No.5, who has been appointed as second fair price shop dealer, is the real brother of the Gram Pradhan (respondent No.6) and hence, as per the Government Orders issued by the State Government from time to time the appointment of respondent No.5 could not have been made.