Court No. - 38 Case :- WRIT - A No. - 42480 of 2010 Petitioner :- Kailash Chandra Respondent :- State Of U.P. And Others Petitioner Counsel :- Anita Tripathi Respondent Counsel :- C. S. C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and learned Standing
Counsel.
According to the petitioner, the petitioner is working as a Seasonal
Collection Amin for a considerable period of time and his recovery
was above average and, therefore, he was being engaged from time
to time. Further submission has been made that a list dated
10.05.2010 was issued regarding the collection of revenue of the
various Seasonal Collection Amins and name of the petitioner is
shown at serial no.2. But now an another list has been issued, in
which the name of the petitioner has been omitted and the name of
one Ramesh has been shown in place of the petitioner. According
to the petitioner, the recovery of the petitioner was above average,
which is apparent from the record, therefore, it was the duty of the
respondent to include the name of the petitioner amongst the
candidates of Seasonal Collection Amins. The reason best known
to the respondent, name of the petitioner has been omitted. When
the petitioner came to know aforesaid fact, submitted a detailed
representation to the competent authority, but no decision has been
taken. Hence the present writ petition.
I have considered the submission of the leaned counsel for the
petitioner and learned Standing Counsel. As these are the
questions of fact to be considered by the relevant authority on the
basis of relevant record, whether the petitioner has collected
revenue above to the criteria fixed for, therefore, it will be
appropriate that the matter may be re-delegated to the authority
concerned for consideration of the representation dated 23.06.2010
which is annexed as Annexure No.9 to the writ petition filed
before the District Magistrate.
In view of the aforesaid fact and circumstances, this writ petition is
being disposed of finally directing the respondent No.2 to consider
and decide the representation filed by the petitioner by a speaking
and reasoned order within a period of two months from the date of
production of certified copy of this order before him.
The writ petition is disposed of accordingly.
No order as to costs.
Order Date :- 23.7.2010
Pr/-