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Ras Behari Singh v. State Of U.P. And Others - WRIT - C No. 41974 of 2006 [2006] RD-AH 13021 (4 August 2006)


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 Civil Misc. Writ Petition No. 41974 of 2006

Ras Behari Singh. . . . .  . . . . .  . . .  .  . . . . . . .  . . .  . . . . Petitioner.


Staste of U.P. and others. . .  . . . . .  .  .. . . .  . . . . . .  . . . . Respondents.


Hon'ble A.K. Yog,J.

Hon'ble R.K.Rastogi,J.

This writ petition has been filed challenging the impugned order dated 22.7.2006 (Annexure no,. 9 to the writ petition )  passed by respondent no. 2 by means of which another fair price shop licence/agreement has been granted in favour of one Awadhesh Yadav (respondent no.5 to the writ petition).

Heard  learned counsel for the petitioner as well as the learned Counsel for the contesting respondents.

The dispute is  regarding  establishing two fair price shops in the  village  in violation of relevant criterion  fixed by the  government. It is submitted that  second shop can only be  allotted  if there are  more than 4000 units in the village. According to the petitioner  second allotment has been obtained by manipulating  the figures. There appears some force in the contention. A copy of letter of  the Sub Divisional Magistrate dated  17.2.2006 addressed to the Block Development Officer, Dubhar district Ballia has been filed  as Annexure no. 4 to the writ petition, which refers to the report dated 8.2.2005 of the Block Development Officer wherein it has been mentioned that total units in the concerned Gram Sabha were 3860.

It appears that at a later stage  the Block Development Officer submitted a report  vide letter dated 23.6.2006 wherein he has indicated that  total units  of the concerned Gram Panchayat  are  4144. This is a question of fact. The documents filed with the petition show  contradiction. In that view of the matter we  direct  the petitioner to file a fresh and comprehensive representation along with

certified copy of this order as well as complete copy of  the Writ Petition with all Annexures before the District Magistrate, Ballia  within three weeks from today and on such representation being filed, as stipulated above, the District Magistrate concerned  shall decide the same   within eight  weeks of the receipt of the representation as contemplated  above, exercising his unfettered discretion on the basis of record before him in accordance with relevant Rules, Government Orders, Scheme/Policy after hearing the parties concerned without being influenced by any of the observations in this judgment since this court has not entered into merits of the present case. Till decision  of he petitioner's representation, the impugned order dated 22.7.2006 ( Annexure no. 9 to the writ petition ), if not already given effect to, shall be kept in abeyance and the same will be subject  to the  decision taken by the District Magistrate  in the aforesaid representation within the stipulated  time.

The writ petition is finally disposed of subject to the above directions.

No order as to costs.

Dated: 4. 8..2006



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