SOM PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying for quashing the order dated 7.8.2013 (Annexure No. 6 to the writ petition). It appears that the respondent No. 5 was allottee of the Fair-Price Shop in question. By the order dated 23.3.2013 (Annexure No. 1 to the writ petition), the licence of the respondent No. 5 was cancelled, and security deposit of Rs. 5000/- made by the respondent No. 5, was forfeited. It further appears that pursuant to the said order dated 23.3.2013, the Block Development Officer concerned sent a communication dated 28.3.2013 to the Secretary, Gram Panchayat concerned for resolution in the Open Meeting of the Gram Panchayat making proposal for allotment of the Fair-Price in question.

(2.) Thereafter, the resolution was passed on 10.4.2013 in the Meeting of Gaon Sabha concerned recommending the name of the petitioner for allotment of the Fair-Price Shop in question. The said Resolution was sent by the Block Development Officer concerned to the Sub-Divisional Magistrate concerned by the communication dated 11.4.2013.

(3.) Sri Sanjay Kumar Srivastava, learned Counsel for the petitioner states that no allotment of the Fair-Price Shop in question has been made pursuant to the said Resolution dated 10.4.2013.