Court No. - 2 Case :- WRIT - C No. - 1004 of 2010 Petitioner :- Anil Kumar Gautam Respondent :- State Of U.P. & Others Petitioner Counsel :- Babu Ram Yadav Respondent Counsel :- C.S.C. Hon'ble Ashok Bhushan,J.
Hon’ble Virendra Singh,J.
Issue notice to respondent no. 6. Steps be taken within a week.
Learned counsel for the petitioner contends that a resolution dated
23.11.2009 was passed in favour of the petitioner by the Gram
Panchayat. However, the Tehsil Level Committee took a contrary
view by alloting the fair price shop in favour of respondent no. 6.
It is submitted that two objections raised against the petitioner that
he is a minor and he does not have financial capacity, were without
any basis and no finding has been recorded on any material that
the petitioner was disqualified.
The submissions made by learned counsel for the petitioner and a
perusal of the order dated 03.12.2009 indicates that there are no
categorical finding that the petitioner was not eligible. The
petitioner has made out a prima facie case for grant of an interim
order.
Let a counter affidavit be filed within three weeks. Rejoinder
affidavit may be filed within a week thereafter.
In the meanwhile, the order dated 03.12.2009 (Annexure 1 to the
writ petition) shall remain stayed.
Order Date :- 22.1.2010
Jaideep/-