Pramod Kumar Srivastava, J. - (1.) Admitted facts relating to this matter is that the petitioner Ram Mani Pandey was allotted the dealership of fair price shop of Gram Panchayat Barwa Tola. Admittedly, he had moved application of resignation from his said dealership on 20.6.2016, which was allowed on 21.6.2016 by the respondent no.-4 Sub-Divisional Magistrate, Duddhi, Sonebhadra. This order of acceptance of resignation letter of petitioner has been challenged through present writ petition.
(2.) Learned counsel for the petitioner submitted that petitioner is physically handicapped person, who was allotted fair price shop in question. He has no other source of income. He was ill for some time, during that period his fair price shop was inspected and was sealed in his absence on 16.6.2016. After it, he approached the inspector and head-clerk in respondent's office, who had illegally pressurized him for resignation, due to which he had submitted his resignation dated 20.6.2016. But later on he sent application dated 9.7.2016 by post to respondent for recalling his resignation and restoring the agreement of shop to him. When no action was taken, then he had again moved application dated 14.11.2016 for restoration of his shop and cancellation of order dated 21.6.2016. When no action was taken, then he was forced to prefer this writ petition for cancellation of order dated 21.6.2016.
(3.) These submissions were opposed by Standing Counsel, who submitted that in this matter order dated 6.9.2016 was passed by this Court for conducting the enquiry and submitting the report, for verification of true facts. Then enquiry was conducted and report has been submitted before this Court through compliance affidavit no. 365737 of 2016. He further submitted that there has been report of respondent no.-2 District Magistrate, Sonbhadra that during enquiry, the petitioner Ram Mani Pandey had accepted the he had willingly given resignation, which was accepted on 21.6.2016; after which by adopting proper procedure; new fair price shop dealer has been appointed. His submission is that in these circumstances, this writ should be dismissed.;