Court No. - 11 Case :- MISC. SINGLE No. - 470 of 2010 Petitioner :- Jawahar Lal Mishra Respondent :- State Of U.P.Through Secy. Food And Civil Supply Deptt. Lko. Petitioner Counsel :- Pt. D.R.Shukla,M.K.Singh Respondent Counsel :- C.S.C Hon'ble Anil Kumar,J.
In brief the facts of the present case are to the effect that the
petitioner was initially granted a licence of running fair price
shop in Village- Panchyat Pakri Marudeeh, Block Marudeeh
Pargana Tehsil and District Gonda, thereafter, in the year
2006 he was selected/appointed as Shiksha Mitra for the
block Rupaideeh.
In view of the above said facts, the order dated 16.7.2009
passed by the respondent no.2 by which the agreement for
running the fair price shop of the petitioner was cancelled.
Aggrieved by the said order the petitioner filed an appeal
before the appellate authority i.e. Commissioner Devi Patan
Mandal, Gonda, respondent no.2 and the same was
dismissed by order dated 26.8.2009 at the admission stage
on the ground that it was admitted by the learned counsel for
the appellant that he had been appointed as Shiksha Mitra
so as per law the person, who has been appointed as
Shiksha Mitra cannot be allowed to run the fair price shop,
hence the present writ petition.
Sri D. R. Shukla, learned counsel for the petitioner while
assailing the said order, inter-alia, relied on the report
submitted by Assistant Basic Shiksha Adhikari, Gonda dated
1.6.2009 as contained in Annexure no.3 wherein the said
Officer has stated as under :-
“Is samband me maira mat hai ki Shiksha Mitra hone se
sarkari sastey galley ki dukan ka karya prabhavit nahi hota
Sri Misra niyamit rup se vidalaya atey hai.
Jabki sarkari saste galley ki dukan se vitran mah me do ya
teen din hi hota hai isme shiksha mitra ko mah me ek din ka
avakash bhi milta hai shesh karya wah mah me parne wali
chhutiyao (Ravivar ya anya) me bhi ker saktey hain.
On the basis of the said report, it was vehemently argued by
Sri D. R. Shukla, learned counsel for the petitioner that the
action on the part of the respondent nos. 2 and 1 thereby
cancelling the petitioner’s agreement to run the fair price
shop and dismissing the appeal is totally contrary to the
facts of the case.
In view of the above said facts, prima facie I am of the
opinion that said order dated 1.6.2009 (Annexure No.3) has
been submitted by Assistant Basik Shiksha Adhikari, Gonda
with some oblique and motive purpose and contrary to law.
In view of the above said facts, the learned Standing
Counsel is directed to inform the said authority (Assistant
Basik Shiksha Adhikari,Gonda) to appear before this Court
on 16.2.2010 and inform/submit that under what
circumstances he had issued the order dated 1.6.2009
(Annexure No.3) to the writ petition.
List/put up on 16.2.2010 along-with Writ Petition No.5059
(MS) of 2009.
The matter in respect to admission/grant of interim relief may
be considered on the next date.
Order Date :- 2.2.2010
Pramod