BRIJ KISHOR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the respondents.

(2.) BY this writ petition, the petitioner has prayed for quashing of the order dated 24.06.2012, whereby the District Magistrate has alloted the fair price shop to respondent No. 5.

(3.) A fair price shop in Gram Bhugaicha, Block Mushkara was vacant. On a resolution of the Gaon Sabha, the Sub -Divisional Officer appointed one Jagbhan as fair price shop dealer. A complaint was made by the petitioner against the appointment of respondent No. 5. The petitioner also invoked the writ jurisdiction of this Court by filing Writ Petition No. 22811 of 2012. This Court disposed of the writ petition directing the District Magistrate to take a decision after hearing the petitioner, herein, Brij Kishor, respondent No. 5 and the representative of Gaon Sabha. Both the parties have appeared and the District Magistrate noticed that there were five applications for allotment of fair price shop. Out of five, one application was rejected and four applicants were directed to show their number of votes in the meeting. Petitioner as well as respondent No. 5 got 125 votes each and another two got 32 and 0 votes. There being no decision of the Gaon Sabha, the matter was placed before the Block Development Officer, who submitted his report to the Sub -Divisional Officer. Mentioning the numbers of votes, reservation pertaining to OBC and scheduled caste, it was noted that the shops of OBC in Block Mushkara are double in the numbers of its reserved shop, whereas in Block Mushkara, the shops of scheduled castes are less. Taking the district -wise reservation, it was also noticed that although district wise quota for scheduled caste is complete, but there being less number of shops in block Mushkara of the scheduled caste candidate compared to number of total shops, respondent No. 5, a scheduled caste candidate has been allotted the shop. This order is sought to be challenged.