VIJAY KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Jay Singh Yadav, learned counsel for the petitioner, Sri Faizul Hasan, learned counsel appearing for the respondent no.4 and Sri Mahboob Ahmad Siddiqui, learned counsel for the respondent, Sri Arun Kumar Srivastava, appearing for the Gaon Sabha and learned Standing Counsel.

(2.) In terms of the order passed by this Court on 05.12.2019, the learned Standing Counsel has received instructions from the office of the Sub-Divisional Magistrate, Sambhal dated 16.12.2019. A copy of the said instructions have been produced before this Court and are kept on record.

(3.) It has been submitted on the basis of the said instructions that initially on the vacancy having arisen with regard to the Fair Price Shop, Village Badaun Darwaja, Block Sambhal, Tehsil and District Sambhal, the Gram Sabha meeting was held on 25.06.2018, wherein a recommendation was made in favour of Arshad Ali. Certain complaints were received from the villagers on 16.11.2019 that the Gram Sabha meeting held on 25.06.2019 was without public information being circulated. The enquiry was initiated by the Sub-Divisional Magistrate on 16.07.2018 and the Block Development Officer was asked to submit his report. The Block Development Officer submitted his report on 27.08.2018 that he was present during the open general meeting of Gram Sabha concerned and the enquiry be handed over to some other person for impartiality. Another enquiry was directed to be considered by the Area Rationing Officer Sambhal, who submitted his report on 01.10.2018. In the said report, it was mentioned that the open general meeting held on 25.06.2018 was vitiated and disputed by several villagers and that the matter be placed before the Tehsil Level Selection Committee for its decision.