RAGHUWAR Vs. STATE OF UP

JUDGEMENT

(1.) 1. Respondent no.6 (the contesting respondent) claims that the Gram Panchayat Katariya Babu (the Gram Panchayat) passed a resolution on 16.10.2008 for granting fair price shop licence in his favour. When no licence was granted in his favour, he filed WP No. 63129 of 2008 before this Court. It was disposed of on 8.12.2008 with a direction to respondent no.3 to decide the representation of the contesting respondent.

(2.) BEFORE the representation of the contesting respondent could be decided, the District Supply Officer (the DSO) granted fair price shop licence in favour of the petitioner on 18.12.2008 on the ground that Gram Panchayat has not passed any resolution and he is disabled person. It is said that the licence has also been executed on 24.12.2008. Subsequently the SDM passed an order on 27.12.2008 in pursuance of the order passed by this court granting licence to the contesting respondent, hence the present writ petition.

(3.) RESPONDENT no.3 has passed the order granting fair price shop license tos the petitioner on the ground that the High court has directed to grant licence of fair price shop in favour of the contesting respondent. In fact it is not so. The High court has merely directed him to decide the representation in accordance with law. In view of this, the order dated 27.12.2008 is illegal and is quashed. The representation is required to be decided again.