Disposed

Smt. Rakhi v. State of U.P. and 3 Others

Allahabad HC17 Apr 2018WRIC/12285/2018

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by a petitioner denied appointment as a fair price shop dealer. The Court directed the Sub Divisional Magistrate to ensure the Tehsil Level Committee decides the final allotment within one month after considering complaints of voting irregularities.

What did the court decide?

Directed the Sub Divisional Magistrate to ensure the Tehsil Level Committee decides the final allotment within one month; stated that alternative means could be used for distribution.

Smt. Rakhi Vs State of U.P. and 3 Others — Service and Employment | Allahabad HC (2018)

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Court No. - 27

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Case :- WRIT - C No. - 12285 of 2018

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Petitioner :- Smt. Rakhi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Raj Singh Counsel for Respondent :- C.S.C.,Ashish Kumar Srivastava

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Hon'ble Ajay Bhanot,J.

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Heard Sri Shiv Raj Singh, learned counsel for the petitioner and learned Standing Counsel for the State.

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The petitioner claims that a resolution was passed by the Village Panchayat Nibohra, District Agra recommending the appointment of the petitioner as a fair price shop dealer. In the meeting wherein the resolution was passed there were two candidates namely the petitioner and one Hira Devi were considered for appointment as fair price shop dealer. The votes casts in favour of the petitioner were 303 while the rival candidate secured 144 votes. For some reason the resolution was not carried into execution and the petitioner was not appointed as fair price shop dealer. Aggrieved the petitioner has filed the instant writ petition.

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On the basis of instructions received Sri Siddharth Singh, learned Additional Chief Standing Counsel contends that certain complaints were received in regard to the resolution dated 15.12.2017 passed in favour of the petitioner. The investigation of such complaints revealed that some persons had impersonated during the voting hence their votes were invalid. The said inquiry was conducted by the Assistant Development Officer (ISB). Sri Siddharth Singh, learned Additional Chief Standing Counsel also points out that the authority to take a decision regarding the final allotment of the fair price shop dealership is Tehsil Level Committee.

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I have heard and considered the rival submissions of the Bar. No useful purpose would be served by keeping this writ petition pending in this court. With the consent of learned counsel for the parties the matter is being disposed of finally at the admission stage.

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In view of the aforesaid submissions at the Bar, the Sub Divisional

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Magistrate, Fatehabad, District Agra is directed to take steps and ensure that the Tehsil Level Committee takes a final decision in the matter after considering all the facts and evidences in the record within a period of one month from the date of receipt of certified copy of this order.

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However, it shall be open to the State Authorities to ensure distribution of essential commodities by any other alternative means till the appointment of the regular fair price shop dealer.

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With the aforesaid directions, the writ petition stands disposed of.

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Order Date :- 17.4.2018 Pramod

Smt. Rakhi v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Rakhi 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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