Laxman Singh vs State Of U.P. And 5 Others
2014 Latest Caselaw 7740 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - C No. - 52833 of 2014
 

 
Petitioner :- Laxman Singh
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Vipin Chandra Pandey
 
Counsel for Respondent :- C.S.C.,Ashish Kumar Srivastava
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Shashi Kant,J.

The petitioner is the villager of village Mandi Gud, Block Fatehpur Sikri, Tehsil Kirawali, District Agra. It is the contention of the petitioner that for the settlement of fair price shop in the said village, a resolution has been sent by the Secretary, Gram Panchayat to the Khand Vikas Adhikari, Fatehpur Sikri, Agra. The copy of the said letter is at page 33. The grievance of the petitioner is that without taking any action on such resolution the Sub-Divisional Magistrate, Kirauli, Agra vide order dated 3.9.2014 has settled the fair price shop in favour of Ram Kumar, son of Munsi Lal on the compassionate  ground  under Clause 10 (jha) of the Government Order dated 17.8.2002.

The submission of the petitioner is that the name of Ram Kumar has not been recommended in the meeting of the Gram Panchayat. There is no recital in the order of the S.D.M. that the Gaon Sabha was not in a position to pass a resolution for the settlement of the shop or any order has been passed by the District Magistrate as provided in the Government Order dated 17.8.2002.

Sri Pankaj Rai, learned Additional Chief Standing Counsel, appears on behalf of respondent nos. 1 to 4 and Sri Ashish Kumar Srivastava, Advocate, appears on behalf of respondent no. 5.

Issue notice to respondent no. 6. The petitioner may take steps to serve the respondent no. 6 by registered post.

All the respondents may file counter affidavit within three weeks.

List on 17.11.2014.

Order Date :- 28.10.2014

OP