VINOD KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner, and the learned Standing Counsel for the State-respondents, learned counsel for respondent No. 3, Gram Sabha and learned counsel for respondent No. 4.

(2.) This case has a chequered history. Briefly stated facts for the case are that the respondent No. 4 was fair price shop agent of Village Panchayat - Dalupur, Tehsil - Ghiror, District - Mainpuri. Her fair price shop agreement was cancelled by the licencesing authority by order dated 1.2005. She filed an appeal which was dismissed by order dated 21.6.2011. Against the appellate order she filed writ petition No.72097 of 2011 (Smt. Hardevi Vs. State of U.P. and others) which was disposed of by order dated 8.4.2015 holding that order of cancellation is not only in breach of principles of natural justice and even allegations against the respondent No. 4 were not specifically mentioned in the order of the licencesing authority and the appellate authority. Both the orders were set aside. However, no relief could be granted to the respondent No. 4 in that writ petition on peculiar facts of the case that the writ petition was initially dismissed for non prosecution and after about three years it was restored and the subsequent allottee was running the shop.

(3.) After the aforesaid order dated 8.4.2015 passed in the aforesaid writ C No.72097 of 2011, the petitioner approached the respondent No. 2 bringing to his notice that the subsequent allottee has incurred ineligibility since his wife was elected as Village Pradhan. On these facts the respondent No. 2 cancelled fair price shop agreement of the subsequent allottee by order dated 22.2.2016. It appears that the petitioner moved an application dated 29.4.2016 before the respondent No. 2. Since her application was not disposed of and as such she filed Writ C No.29939 of 2016 which was disposed of by order dated 5.7.2016 with a direction to the respondent No. 2 to pass an appropriate order on the aforesaid application expeditiously in accordance with law, not later then three months from the date of receipt of certified copy of order of this Court. Respondent No. 4 filed a certified copy of the order before respondent No. 2 who passed an order dated 8.8.2016, whereby the application of the respondent No. 4 was disposed of granting her liberty to participate in the open meeting of the village panchayat for selection for proposal of fair price shop agent. However, in the mean time a meeting of the village panchayat was held on 1.8.2016, in which the name of the petitioner was proposed for appointment as fair price shop agent.