Satya Poot Mehrotra and Anjani Kumar Mishra, JJ. - (1.) THE present writ petition has been filed under Article 226 of the Constitution of India making the following prayers: (I) Issue a writ, order or direction in the nature of mandamus directing the respondent concerned to initiate the proceedings against the respondent No. 5 under the provisions of E.C. Act in pursuance to the enquiry report dated 6.3.2013/1.3.2013 for the end of justice. (II) Issue a writ, order or direction in the nature of mandamus directing the respondent concerned to ensure the compliance of the provisions of E.C. Act against the respondent No. 5. (III) Issue any other writ, order or direction as this Hon'ble Court may deem fit and proper under the circumstances of the case. (IV) Award cost.
(2.) FROM the averments made in the writ petition, it appears that the respondent No. 5 was having licence for running the Fair Price Shop in question. On complaint being made by the petitioner regarding the irregularities being allegedly committed by the respondent No. 5, the Sub -Divisional Magistrate, Tehsil Lalganj, District Mirzapur (respondent No. 4) passed an order dated 6th April, 2013 suspending the licence of the respondent No. 5 in respect of the Fair Price Shop in question, and calling upon the respondent No. 5 to submit his explanation with evidence regarding the alleged irregularities in respect of the Fair Price Shop in question. The Card Holders of the Fair Price Shop in question have been attached to the Fair Price Shop of one Naresh situate nearby in Gram Panchayat, Gajariya.
(3.) WHILE the matter is under consideration before the respondent No. 4, pursuant to the said order dated 6th April, 2013, the petitioner has filed the present writ petition seeking the relief's, as mentioned above.;