Amreshwar Pratap Sahi, Vijay Laxmi, JJ. - (1.) Heard Sri Tripathi learned counsel for the appellant, Sri H.G.S. Parihar learned Senior Counsel for the respondent no. 1 and learned Standing Counsel for the respondents no. 2 to 5. Notices have been exchanged on behalf of respondents no. 2 to 5 by the learned Standing Counsel. This appeal questions the correctness of grant of an interim order by the learned Single Judge in a matter of grant of a fair price shop license to the appellant on compassionate basis.
(2.) The respondent no. 1 contends that the Gaon Sabha has passed a resolution in her favour and, therefore, the resolution could not have been superseded by the grant of license to the appellant. It is undisputed on record that the respondent no. 1 had earlier filed W.P. No. 13647(M/B) of 2016 that was dismissed as withdrawn on 8.6.2016 after the resolution had been passed in favour of respondent no. 1. A second writ petition being W.P. No. 14947(MB) of 2016 was also filed by the respondent no. 1 that was also dismissed keeping in view the earlier withdrawal vide judgment dated 29.6.2016.
(3.) The main contention of the respondent no. 1 is that the learned Single Judge was justified in granting interim order keeping in view the judgment of Division Bench in the case of Shiv Kumar v. Up Ziladhikari Chakia, Distt. Chandauli and 4 others : Writ C No. 40973 of 2014. A copy of the judgment has been brought on record and the same holds that even in a matter of compassionate grant of license the reputation of the erstwhile license holder has to be assessed. The grievance of the respondent, therefore, is that without any such deliberations by the Gaon Sabha a three member committee was formed and the Sub-Divisional Magistrate has proceeded to grant license to the appellant without the aforesaid proceedings having been adopted through the Gaon Sabha. In such a situation the grant of license to the appellant is unjustified.;