RAJJU Vs. DISTRICT MAGISTRATE, BUDAUN AND OTHERS

JUDGEMENT

(1.) This writ petition has been filed raising the grievance that the petitioner belongs to the Scheduled Caste community and he was the applicant for the licence of the fair price shop. As per the Government policy, fair price shop is allotted to the caste of the Pradhan. In the instant case, the Pradhan of the village is Scheduled Caste, therefore, the licence of the fair price shop ought to have been granted only to the candidate belonging to the Scheduled Caste and none else. However, the licence has been granted in favour of respondent No. 5 who belongs to general category and the fair price shop should be allotted to a legitimate candidate belonging to the Scheduled Caste. Therefore, the said allotment made in favour of respondent No. 5 is liable to be set aside.

(2.) Learned Standing Counsel Sri Chandra Shekhar Singh has submitted that no purpose would be served keeping this petition pending. Thus, it is desirable that the matter may be relegated to respondent No. 1 who may examine the case and pass appropriate order.

(3.) In view of the above, we dispose of this petition directing the respondent No. 1 to consider the grievance of the petitioner and pass an appropriate order in accordance with law after giving opportunity of hearing to the petitioner as well as respondent No. 5 expeditiously.