Court No. - 2 Case :- WRIT - C No. - 68422 of 2009 Petitioner :- Israil Khan Respondent :- State Of U.P. & Others Petitioner Counsel :- Rajesh Chandra Gupta,Kesh Mani Dubey Respondent Counsel :- C.S.C. Hon'ble Ashok Bhushan,J.
Hon’ble Virendra Singh,J.
Supplementary affidavit filed today is taken on record.
No notice is issued to the respondent no.5 in view of the order which is
being passed.
By this petition, petitioner has prayed for quashing the entire proceedings
in pursuance of the letter dated 07/12/2009 by which order the respondent
no.5 has been granted permission to work as fair price shop dealer in
consequence to the order dated 30/11/2009. The order dated 30/11/2009 has
been filed as Annexure-1 to the supplementary affidavit which indicates that
in reference to the application received, the District Selection Committee by
lottery has allotted the shop to Shri Radhey Shyam. The petitioner is
challenging the proceedings of the lottery has already filed objection on
26/11/2009, Annexure-3 to the writ petition. Petitioner’s grievance is that his
objection was not considered and an order was passed by the District Supply
Officer. The allegation of the petitioner is against the proceedings which were
taken by the District Selection Committee. Ends of justice be served in
disposing of the writ petition with a direction to the District Magistrate who
may consider and take appropriate decision on the objection of the petitioner
dated 26/11/2009 after giving notice to the respondent no.5.
With the aforesaid direction writ petition stands disposed of.
Order Date :- 21.1.2010
SB