Allahabad High Court
Jamil Ahmad vs State Of U.P. Thru Secy. And 3 ... on 22 July, 2013
Bench: Satya Poot Mehrotra, Anjani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 9
Case :- WRIT - C No. - 39156 of 2013
Petitioner :- Jamil Ahmad
Respondent :- State Of U.P. Thru Secy. And 3 Others
Counsel for Petitioner :- R.S. Mishra
Counsel for Respondent :- C.S.C.,Brij Kumar Yadav
Hon'ble Satya Poot Mehrotra,J.
Hon'ble Anjani Kumar Mishra,J.
The present Writ Petition has been filed by the petitioner, inter-alia, praying for quashing the Resolution dated 25.3.2011 passed by Gram Sabha Gadanpur Chaurasa and the Order dated 30th May, 2013 passed by the respondent no.2.
From a perusal of the Writ Petition and the Annexures thereto, it appears that on 25.3.2011, a Resolution was passed in the open meeting of the aforesaid Gaon Sabha Gadanpur Chaurasa for allotment of the Fair Price Shop in question in favour of the respondent no.4.
It further appears that pursuant to the said Resolution dated 25.3.2011, the Selection Committee at the level of Tehsil made its Recommendation dated 12th May, 2011 for allotment of the Fair Price Shop in question in favour of the respondent no.4.
One Birendra Singh, claiming himself to be a candidate of general category, filed Writ Petition before this Court being Civil Misc. Writ Petition No. 25228 of 2011.
By the Order dated 12th May, 2011 passed in the said Writ Petition, it was, inter-alia, directed that the allotment made in favour of the respondent no.4 herein, would be subject to the result of the said Writ Petition.
It further appears that the said Birendra Singh, petitioner in the aforesaid Civil Misc. Writ Petition No. 25228 of 2011, expired on 22.1.2012. As no steps were taken for substituting the heirs and legal representatives of the said Birendra Singh in the said Writ Petition, the said Writ Petition was abated by the Order dated 12th April, 2013 passed by this Court.
In view of the abatement of the said Writ Petition, the respondent no.2 has passed the aforesaid Order dated 30th May, 2013, inter-alia, stating that the respondent no.4 herein is appointed as licencee in respect of the Fair Price Shop in question on the basis of Recommendation dated 12th May, 2011 given by the Selection Committee at the Tehsil level.
The petitioner has, thereafter, filed the present Writ Petition seeking the reliefs, as mentioned above.
We have heard Shri R.S. Mishra, learned counsel for the petitioner, the learned Standing Counsel appearing for the respondent nos. 1 and 2, and Shri Brij Kumar Yadav, learned counsel for the respondent no.3, and perused the record.
From a perusal of the Writ Petition, it is evident that the petitioner never applied for allotment of the Fair Price Shop in question. The said fact has not been disputed by Shri R.S. Mishra, learned counsel for the petitioner.
The Resolution of the Gaon Sabha for allotment of the Fair Price Shop in question in favour of the respondent no.4 was passed on 25.3.2011. The petitioner herein never raised any grievance in regard to the validity of the said Resolution. The first representation which the petitioner herein has allegedly made is dated 7.6.2013. It has not been disputed by Shri R.S. Mishra, learned counsel for the petitioner that the petitioner herein is neither heir nor legal representative of the aforesaid Birendra Singh, who had filed the aforesaid Civil Misc. Writ Petition No. 25228 of 2011.
In our view, the petitioner , who never applied for allotment of the Fair Price Shop in question, cannot raise any grievance in regard to the allotment of the Fair Price Shop in question in favour of the respondent no.4.
Even otherwise, the Writ Petition seeking to challenge the Resolution passed more than 2 years ago, is liable to be dismissed on the ground of laches.
In view of the above discussion, the Writ Petition filed by the petitioner is liable to be dismissed, and the same is accordingly dismissed.
Order Date :- 22.7.2013
Ajeet...
