Writ petition by a petitioner aggrieved by non-identification as a fair price dealer. The court accepted the respondent's counter affidavit stating requisites were not fulfilled, and dismissed the petition for deficiency in claim.
The writ petition is dismissed.
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Chief Justice's Court
Case :- WRIT - C No. - 10467 of 2011
Petitioner :- Smt. Eccha Devi Respondent :- State Of U.P. And Others Counsel for Petitioner :- Lakshman Singh,Ajay Sengar Counsel for Respondent :- C.S.C.,Vijay Singh Sengar
Hon'ble Govind Mathur,Chief Justice Hon'ble Saurabh Shyam Shamshery,J.
Under an order dated 03.01.2011, the District Magistrate, after availing lottery, identified the fair price shop dealers by horizontal reservation. A list of such identified fair price shop dealers was also noticed alongwith the order dated 03.01.2011. Being aggrieved by non-identification as fair price dealer, the petitioner preferred this petition for writ.
A counter affidavit has been filed on behalf of respondent nos. 2, 3 and 4 stating therein that a direction was given to the petitioner to satisfy all the required formalities but he failed to do so. The stand of the respondents as reflects in Paragraph 12 of the Counter Affidavit reads as follows:-
"That the contents of paragraph 14 of the writ petition are not admitted as stated, hence denied. In reply thereto it is submitted that the answering respondents had not directed the petitioner to fulfil the requisite formalities, nor the same has been fulfilled by the petitioner, but, the shop of Gram Panchayat Jaisari Kala was vacant and no allotment of Fair Price Shop Dealer was made, therefore, just to fulfil the backlog quota of reserved category, the shop was reserved for scheduled caste candidate in pursuance to the Government Order dated 10.08.2007. It is relevant to mention here that as per the resolution passed by Gram Panchayat Jaisari Kala on 20.12.2010 forwarded by the Block Development Officer Dakore on 21.12.2010, the name of four candidates including the petitioner were fowarded in which the name of the petitioner was at Sl. No. 2, but, the Answering Respondent No. 3 i.e. the Sub-Divisional Magistrate Orai has cancelled the resolution of Gaon Sabha Jaisari Kala dated 20.12.2010, which was forwarded before him by the Block Development Officer Dakore through his letter dated 21.12.2010, as none of the candidates was fulfilling the requisite formalities as per para 10 of the Government Order dated 17.08.2002, therefore, the Sub-Divisional Magistrate Orai after cancelling the resolution passed by the Gram Panchayat Jaisari Kala directed to pass a fresh resolution in the open meeting of Gram Panchayat and forward the
same within 15 days for allotment of the Fair Price Shop Dealer in the Gram Panchayat in accordance with law. The photocopy of the order dated 04.01.2011 passed by the Sub-Divisional Magistrate, Orai is being annexed herewith and marked as Annexure No. C.A.-2 to this counter affidavit."
No rejoinder affidavit has been filed.
In view of it, we are having no option but to accept the averments contained in counter affidavit.
In light of that, the respondents rightly arrived at the conclusion that the claim of the petitioner was suffering from deficiency and, as such, that was liable to be rejected.
For the reasons mentioned above, the writ petition is having no force, the same is dismissed.
Order Date :- 6.3.2019 Shubham
(Saurabh Shyam Shamshery, J.) (Govind Mathur, C.J.)
Smt. Eccha Devi
State Of U.P.
Govind Mathur
Saurabh Shyam Shamshery
As recorded by the court registry
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