MUDHUNI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed by the petitioner alleging that she is a resident of village Unti; and a wrong report has been submitted by Lekhpal one Om Prakash that the petitioner belongs to Mohalla Garhbarha Raja, village Garhbarha Raja on the basis of which a domicile certificate was issued by the Sub Divisional Magistrate, Lalganj on 07.11.2017 certifying the petitioner to be the resident of village Garhbarha Raja. Later on, area Lekhpal, same Om Prakash, has submitted that due to some misconception he has submitted a wrong report and the earlier report be cancelled/ignored and the petitioner is a resident of village Unti and not of village Garhbarha Raja.

(2.) It has been argued by the learned counsel for the petitioner that due to wrong submission of the report by the area Lekhpal concerned, the petitioner has lost a valuable right to get the licence issued in her favour. A resolution was passed by the Gram Sabha in the presence of Superintendent of Police, Mirzapur on 17.10.2017 where the petitioner has been declared to be entitled for allotment of the Fair Price Shop in question as she had two more votes than her rival i.e. Respondent No. 8 - Smt. Suneeta Devi.

(3.) The counsel for Smt. Suneeta Devi has pointed out to this Court that Smt. Suneeta Devi had filed Writ - C No. 1992 of 2018 wherein the allegation of Smt. Suneeta Devi was that in Gram Sabha resolution it was evident that Smt. Mudhuni Devi's case was rejected on the ground that she was a resident of village Garhbarha Raja and Smt. Suneeta Devi was declared elected. A full-fledged inquiry was held in which it was also found that the allegation of Smt. Suneeta Devi against petitioner i.e. Smt. Mudhuni Devi with regard to her residence in village Garhbarha Raja was found correct. The area Lekhpal in his report dated 04.12.2017 had submitted that petitioner - Smt. Mudhuni Devi was not a resident of village Unti. The SDM, therefore, rejected the case of the petitioner for allotment of the Fair Price Shop of village Unti.