Disposed

Raman Singh v. State of U.P. and 3 Others

Allahabad HC3 Apr 2018WRIC/11919/2018

Case brief

AI extract

What is this about?

This writ petition concerns the cancellation of a Gram Sabha resolution recommending the petitioner for appointment as a fair price shop dealer. The court directed the District Magistrate to examine the validity of the S.D.M.'s cancellation order, granted a stay on the impugned order, and disposed of the petition.

What did the court decide?

Stay granted on the S.D.M. order dated 30.1.2018; matter remitted to District Magistrate for consideration within one month.

Raman Singh Vs State of U.P. and 3 Others — Public Procurement and Tenders | Allahabad HC (2018)

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Court No. - 27

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Case :- WRIT - C No. - 11919 of 2018

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Petitioner :- Raman Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shashi Kumar Mishra Counsel for Respondent :- C.S.C.,Ashish Kumar Srivastava

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Hon'ble Ajay Bhanot,J.

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For appointment of fair price shop dealer in Gram Murdai Development Block Bewar, District Mainpuri the resolution was passed by the Gram Sabha in favour of the petitioner on 16.12.2017. The resolution indicating the preference of the Gram Sabha for appointing the petitioner as a fair price shop licensee was forwarded to the tehseel level committee. The Tehsil Level Committee approved the resolution of the Gram Sabha and also the appointment of the petitioner as fair price shop dealer for the aforesaid village panchayat. Before a formal letter of appointment vacancy could be taken out by the Tehsil Level Committee in favour of the petitioner the S.D.M., Bhongaon, passed an order on 30.1.2018 cancelling the resolution of the Gram Sabha recommending the petitioner as a fair price shop dealer for the said village.

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Heard Sri S. K. Mishra, learned counsel for the petitioner and Sri Sanjay Tripathi, learned Standing Counsel for the State.

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Learned counsel for the petitioner contends

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that the appointment of fair price shop dealers is governed and regulated by a Government Order dated 30.7.1990. Under the terms of the aforesaid Government Order in particular Clause 4.4 the resolution of the Gram Sabha recommending the name of the proposed licensee is forwarded to the Tehsil Level Committee. The Tehsil Level Committee has been constituted under the Government Order on 17.8.2002. In case any objections are taken to the resolution of the Gram Sabha the District Magistrate is the competent authority under the Government Order dated 30.7.1990 to consider such objections. The learned Standing Counsel has pointed to Clause 4.12 of the Government Order of 1990 which designates the District Magistrate as the competent authority for said purposes. The submission of learned counsel for the petitioner is that in view of the aforesaid scheme of the government orders the impugned orders passed by the S.D.M. is beyond jurisidction. No worthwhile purpose would be served by keeping the writ petition pending before this court. Any delay in appointment of the fair price shop dealer would disturb the distribution of essential commodities to the card holders.

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In such view of the matter, by consent of

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learned counsel for the parties, the writ petition is being decided finally.

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In view of the facts, stated in the preceding paragraphs, the District Magistrate, Mainpuri, is directed to consider the validity of the order passed by the S.D.M. Dated 30.1.2018 and other contentions of the petitioner. The petitioner shall submit a fresh and detailed representation along-with a certified copy of this order to the District Magistrate, Mainpuri. The District Magistrate, Mainpuri, shall decide the representation by a reasoned and speaking order within a period of one month from the date of receipt of certified copy of this order along-with copy of the representation.

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Till the decision of the District Magistrate, the order dated 30.1.2018 passed by the S.D.M. Shall remain stayed.

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With the aforesaid directions, writ petition is disposed off.

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Order Date :- 3.4.2018 Pramod

Raman Singh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Raman Singh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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