Court No. - 1 Case :- MISC. BENCH No. - 771 of 2010 Petitioner :- Shatrohan S/O Siya Ram Rao Respondent :- State Of U.P. Thru Secy. Cv. Supply & Ors. Petitioner Counsel :- Shrawan Kumar Respondent Counsel :- C.S.C. Hon'ble Pradeep Kant,J.
Hon’ble Ritu Raj Awasthi,J.
Heard the learned counsel for the petitioner and the learned counsel for the
State.
With the consent of the parties’ counsel, the writ petition is being disposed of
finally.
The allotment of fair price shop lies within the domain of Sub Divisional
Magistrate, who is to make allotment of most suitable and eligible person,
keeping in mind the relevant rules and the Government orders. The resolution
passed in open meeting of Gaon Sabha has also to be considered by the Sub
Divisional Magistrate and he has to see that the same has been passed in
accordance with law. In case any reservation is applicable to any category of
person, the same is also to be looked into by the Sub Divisional Magistrate.
No writ can be issued by this Court to allot a fair price shop to a particular
person, even if, resolution has been passed in his favour by the Gaon Sabha.
We, are therefore, of the view that this Court would not issue any mandamus,
as prayed for, but the matter has to be considered by the Sub Divisional
Magistrate, who shall pass necessary orders for allotment of fair price shop to
a person selected as per rules and who is found suitable and eligible.
With the aforesaid observations, the writ petition is disposed of finally.
Order Date :- 1.2.2010
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