- (1.) Heard Sri J.N. Mishra holding brief of Sri K.D.Awasthi, learned counsel for the petitioner and Sri Pankaj Rai, learned Chief Standing Counsel for the State of U.P.
(2.) By means of present writ petition, the petitioner seeks following reliefs :- a) issue a writ order or direction in the nature of certiorari quashing the G.O. dated 10.08.2007 (Annexure 9 to the writ petitioner). b) issue a writ order or direction in the nature of certiorari quashing the order of District Supply Officer, Auraiya dated 02.04.2008 (Annexure No. 5 to the writ petition). c) Issue a writ or direction in the nature of mandamus commanding the respondent to appoint the petitioner as Fair Price Shop Dealer of Gram Panchayat Bilawa Block Ajeetmal, District Auraiya. d) Issue any such other order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. e) Award the cost of the petition in favour of the petitioner."
(3.) Briefs facts of the case are that the petitioner is permanent resident of Village Bilawa, Tehsil & District Auraiya. By caste, she is Teli and belongs to O.B.C. Category. There was no Fair Price Shop dealer in Gram Panchayat Bilawa, therefore, the Block Development Officer, Ajeetmal, issued an order dated 03.01.2008 in the name of various Pradhan including the Gram Panchayat Bilawa to select a dealer of Fair Price Shop, for their respective Gram Panchayat. The Gram Vikas Adhikari of Gram Panchayat Bilawa called a meeting on 24.01.2008 for the selection of dealer for Fair Price Shop. The agenda of this meeting dated 09.01.2008 was circulated and was also made Public by beat of Drum. In the meeting dated 24.01.2008, two persons i.e. the petitioner and one another Ram Pratap Singh applied for dealership of Fair Price Shop and the petitioner was unanimously selected as dealer of Fair Price Shop. After the selection, the petitioner has completed necessary formalities by submitting documents related to education, Caste Certificate, Residence Certificate, Character Certificate, agreement, identification document along with a Banker Cheque of Rs. 1000/- and pass book of Central Bank of India. After completion of necessary formalities by the petitioner, all the papers were submitted to the Block Development Officer, Ajeetmal by Vikas Adhikari, who sent those documents along with aforesaid Banker Cheque to the District Supply Officer, Auraiya. The District Supply Officer, Auraiya kept all those documents pending with him and ultimately on 02.04.2008 returned them, on the pretext that according to the G.O. Back-log quota have to be fulfilled by appointing dealer of Fair Price Shop, from the applicants of Scheduled Caste.;