SMT. MANJU DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and learned counsel for Gram Sabha.

(2.) Briefly stated facts of the present case are that one Smt. Sandhya Devi was fair price shop agent of village Panchayat Thakurahi (1/2 part), Block and Tehsil Deoria Sadar, District Deoria. Her fair price shop agreement was suspended on certain allegations by order dated 28.01.2016 passed by the competent authority. Subsequently, her fair price shop agreement was cancelled by the respondent no. 3 vide order dated 06.05.2016. Aggrieved with this order, the aforesaid Smt. Sandhya Devi filed an Appeal No. 227/C-2016050000896 which was allowed by the Joint Commissioner (Food and Civil Supply), Gorakhpur Division, Gorakhpur vide order dated 04.02017. Consequently, the fair price shop agreement of the aforesaid Smt. Sandhya Devi stood restored. Further during pendency of the appeal of the aforesaid Smt. Sandhya Devi, the fair price shop in question was allotted to the petitioner by the respondent no. 3 vide order dated 30.11.2016 subject to the condition that this order shall be subject to decision of the competent court. Since the appeal of the aforesaid Smt. Sandhya Devi has been allowed by the appellate authority and therefore, as a necessary consequence thereof the fair price shop agreement of the aforesaid Smt. Sandhya Devi stood restored. Aggrieved with this situation, the petitioner, who is a subsequent allottee, has not even impleaded the original allottee namely Smt. Sandhya Devi while she has filed the present writ petition praying for a writ, order or direction in the nature of mandamus commanding the respondents not to interfere with the peaceful functioning of the fair price shop being run by her and to provide essential commodities month to month for distribution.

(3.) Learned counsel for the petitioner submits that the fair price shop in question was originally reserved for female (schedule caste) when it was allotted to the aforesaid Smt. Sandhya Devi, but presently the aforesaid fair price shop is reserved only for a female candidate and as such the petitioner is entitled to continue with the allotment of fair price shop in question. He further submits that even if the appeal of aforesaid Smt. Sandhya Devi has been allowed, yet the allotment of the petitioner cannot be disturbed.