Hon'ble Ashok Bhushan, J. - (1.) HEARD Sri A. Chaturvedi, learned counsel for the petitioner, learned Standing Counsel and Sri Anuj Kumar appearing for respondent No. 5.
(2.) BY this writ petition, the petitioner has prayed for a writ of mandamus meeting respondent Nos. 2 and 3 to allot the shop in question in favour of the petitioner in pursuance of the proposal of Gaon Sabha dated 14th February, 2011 and further to pass appropriate order on the applications dated 25th February, 2011 and 28th March, 2011. Brief facts of the case as emerge from the pleadings of the parties, are; the petitioner is a permanent resident of village Manoharganj. A letter dated 5th February, 2011 was issued by the Block Development Officer, Chitrakoot Dham, Karvi informing the Pradhan of several villages including respondent No. 5 that fair price shop in the village is vacant on which selection is to be made. Petitioner's case is that an open meeting was held on 14th February, 2011 in which lottery system was adopted for selection of the fair price shop dealer and out of various chits, which were collected in the box, chit of the petitioner's name was taken out, hence the Pradhan recommended the petitioner's name for allotment of fair price shop. Petitioner's case further is that petitioner made an application on 25th February, 2011 to the Sub Divisional Officer praying that in pursuance of the resolution dated 14th February, 2011 he be allotted the fair price shop. A reminder has been submitted by the petitioner in this regard on 28th March, 2011 and thereafter this writ petition has been filed. Learned counsel for the petitioner contends that the resolution having been passed in the open meeting of the Gaon Sabha in which majority decided to adopt lottery system for selection of fair price shop dealer and petitioner's name having been selected by lottery system, he is entitled for allotment of fair price shop.
(3.) LEARNED Standing Counsel appearing for the respondents, refuting the submission of counsel for the petitioner, contends that there being no resolution in favour of the petitioner in the open meeting, the petitioner is not entitled for allotment of the shop. It is submitted that the Government orders regulating the allotment of fair price shop do not contemplate selection of fair price shop dealer by lottery system. LEARNED Standing Counsel has relied on the Government order dated 3rd July, 1990 as well as Government order 17th August, 2002 copies of which Government orders have been placed before us for perusal. We have considered the submissions of learned counsel for the parties and perused the record.;