Court No. - 2 Case :- WRIT - C No. - 70340 of 2009 Petitioner :- Bishan Lal & Ors. Respondent :- State Of U.P. & Others Petitioner Counsel :- Sharad Kr. Srivastava Respondent Counsel :- C.S.C. Hon'ble Ashok Bhushan,J.
Hon’ble Virendra Singh,J.
Heard counsel for the petitioner and learned Standing Counsel.
No notice is issued to respondents No. 5 and 6 in view of the order which is
being passed, however, liberty is reserved for respondents No.5 and 6 to apply
for variation or modification of this order.
Petitioner’s grievance in the writ petition is that no meeting was held on 5th
November, 2009 for recommending a fair price shop holder and on the basis
of alleged meeting dated 5th November, 2009 the Sub Divisional Officer
passed an order on 13th November, 2009 appointing respondent No.6 as fair
price shop holder. It is submitted that meeting was held only on 18th
November, 2009 in which recommendation was made in favour of the
petitioner. It is further submitted that Block Development Officer has
forwarded the proceeding of the meeting dated 18th November, 2009 to the
Sub Divisional Officer. Petitioner claims to have represented the matter to the
Block Development Officer on 16th November, 2009 for cancelling the
earlier proposal.
From the facts brought on the record, it is clear that the question, which is
sought to be raised in this writ petition, is as to whether the meeting was held
on 5th November, 2009 or not. The said question can be examined by the
authorities themselves Ends of justice be served in giving liberty to the
petitioner to submit a representation before the Sub Divisional Officer along
with a certified copy of this order within four weeks from today. The Sub
Divisional Officer shall consider the said representation and after giving
opportunity to the parties concerned shall pass appropriate order in
accordance with law expeditiously.
The writ petition is disposed of.
Order Date :- 7.1.2010
Rakesh