WPMS/150/2022
2022 Latest Caselaw 401 UK

     IN THE HIGH COURT OF UTTARAKHAND
                        AT NAINITAL
      ON THE 23RD DAY OF FEBRUARY, 2022
                              BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

        Writ Petition (M/S) No. 150 of 2022
BETWEEN:
Abdul Rehman                                                 ...Petitioner
      (By Mr. R.P. Singh, Advocate)

AND:

Commissioner, Food and
Public Supply Department,
Uttarakhand and others                                 ...Respondents
      (By Mr. Viswa Deepak Bishen, Brief Holder for State)


                           JUDGMENT

Petitioner has questioned allotment of fair price shop to Sahban Malik (respondent no.5). According to him, as per Government Policy contained in G.O. dated 03.06.2010, allotment has to be made by draw of lots, while in the present case, shop was allotted based on majority of votes cast in meeting of Gram Sabha.

2. Mr. Viswa Deepak Bishen, Brief Holder for State, however submits that the aforesaid Government Policy has been altered by a subsequent G.O. dated 11.07.2011.

3. Be that as it may, the issue raised in the writ petition cannot be decided and proceeded under Article 226 of the Constitution of India.

4. Having regard to the facts and circumstances of the case, the writ petition is disposed of with liberty to the petitioner to approach the District Magistrate, Haridwar by making a representation. If petitioner makes a representation, the same shall be considered as per law and decision thereupon shall be taken as early as possible preferably within ten weeks from the date of production of certified copy of this order. Before taking any decision in the matter, District Magistrate, Haridwar shall hear respondent no.5 and other stake-holders, if any.

(MANOJ KUMAR TIWARI, J.) Shubham