Writ petition challenging the ineligibility of a fair price shop agent whose wife was elected as village Pradhan. The court declined to expedite the departmental inquiry due to disputed facts and pending divorce proceedings. The petition was dismissed without interference at this stage.
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Court No. - 38
Case :- WRIT - C No. - 8966 of 2022
Petitioner :- Rajesh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajesh Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the petitioner and the learned Standing Counsel for the State respondents.
Submission of learned counsel for the petitioner is that the wife of respondent No.5/existing fair price shop agent has been elected as the village Pradhan in the same village namely Baheri Mah, Tehsil Bhognipur, District Kanpur Dehat. Therefore, the respondent No. 5 has been rendered ineligible to continue with the fair price shop agreement executed in his favour.
On the other hand learned Standing Counsel states that the respondent No. 5 and his wife have applied for divorce with mutual consent. In view of such statement made, no occasion exists to interfere in the matter any further.
The facts giving rise to the complaint are highly disputed. Marriage of the private respondent (that form the basis of the fact allegation), is facing dissolution proceedings. Therefore, direction sought for in the writ Court to expedite the complaint proceedings is declined, at this stage.
The writ petition is dismissed .
Order Date :- 6.4.2022 Faraz
Digitally signed by FARAZ AHMAD Date: 2022.04.08 09:40:42 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the writ court should direct the departmental inquiry to be expedited regarding the petitioner's claim of ineligibility for a fair price shop due to his wife becoming Pradhan.
Rajesh
State Of U.P.
Hon'ble Saumitra Dayal Singh, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
