Ran Vijai Singh, J. - (1.) Heard Sri Syed Wajid Ali along with Sri Santosh Kumar Singh, learned counsel for the petitioner, learned standing counsel for the State-respondents and Sri Amresh Singh, learned counsel for the gaon sabha.
(2.) Through this writ petition, prayer has been made to issue a writ of certiorari quashing the order dated 3.9.2016 passed by the Sub-Divisional Officer, Baheri, District Bareilly by which the Sub-Divisional has cancelled the earlier resolution of the gaon sabha dated 13.5.2016 and directed the Block Development Officer to get a fresh resolution passed in the open meeting for appointment of fair price shop agent.
(3.) While assailing the impugned order, learned counsel for the petitioner submits that the impugned order is patently illegal and without application of mind. In the submissions of learned counsel for the petitioner, earlier resolution dated 13.5.2016 was passed in favour of the petitioner in the open meeting of the gaon sabha in presence of the supervisor appointed by the Block Development Officer pursuant to the order of the Sub-divisional Officer and it is in his presence, the open meeting of the gaon sabha was held and a C.D. was prepared. Thereafter the Block Development officer has forwarded the paper for appropriate order before the Sub-Divisional Officer/Committee headed by him, therefore there was no occasion to re-inquire the matter on the basis of the frivolous complaint of a third person without having version of the Block Development Officer who has forwarded the resolution, the village pradhan, and the supervisor appointed by the Block Development officer in whose presence resolution was passed and C.D. was prepared.;