- (1.) Heard Ms. Durga Tiwari, learned counsel for the petitioner, learned Standing Counsel appearing for the State-respondents and Sri Tariq Maqbool Khan, learned counsel for the gaon sabha.
(2.) Learned counsel for the petitioner, at the very outset, submitted that the petitioner is only aggrieved by the order dated 20.8.2016 passed by the Sub Divisional Officer, Khadda, District Kushi Nagar and the petitioner is not aggrieved by the remaining orders dated 7.6.2016 and 29.8.2016, therefore, her prayer may only be restricted to quash the order dated 20.8.2016 passed by the Sub Divisional Officer. ? Vide order dated 20.8.2016, the Sub Divisional Officer has disapproved the proposal dated 4.5.2016 passed by the gaon sabha in favour of the petitioner for appointment of fair price shop agent of Village Dargulli, Tehsil Khadda, District - Kushi Nagar with the direction to get a fresh resolution for appointment of fair price shop agent from amongst person belonging to Scheduled Castes category.? While assailing this order, learned counsel for the petitioner contends that it is on the application of the Village Pradhan for opening of another fair price shop on account of increase of the units from 4,000 to 5400, the Sub Divisional Officer vide order dated 25.4.2016 required the Block Development Officer to get a resolution passed for appointment of fair price shop agent in Gram Panchayat Dargulli.? Pursuant thereto, the Block Development Officer required the Village Panchayat Secretary and the Village Pradhan to get a resolution passed for appointment of another fair price shop agent and after due munadi, open meeting of the gaon sabha was held, in which the petitioner has obtained the highest votes and resolution was passed in favour of the petitioner for appointing him as fair price shop agent.? The aforesaid resolution was forwarded by the Block Development Officer to the Sub Divisional Officer for approval.? However, after receipt of the recommendation of the Block Development Officer for appointing the petitioner as fair price shop agent, the committee headed by the Sub Divisional Officer has disapproved the resolution made in favour of the petitioner dated 4.5.2016, on the ground that the fair price shop is reserved for Scheduled Castes category. ?
(3.) Learned counsel for the petitioner taking shelter of the letter of the District Magistrate, Kushi Nagar dated 7.6.2016 submits that the District Magistrate in the aforesaid letter has observed that the quota of the scheduled caste category is full, therefore, efforts have to be made to fill up the quota of the visually handicapped persons, but the Sub Divisional Officer, without taking note of the aforesaid letter, has disapproved / cancelled the resolution passed by the gaon sabha in favour of the petitioner.? Prima facie, there appears to be some substance in the submissions of the learned counsel for the petitioner, but without expressing any opinion on merits, the writ petition is disposed of with the liberty to the petitioner to file an application seeking recall of the order dated 20.8.2016 before the Sub Divisional Officer concerned, along with certified copy of the order of this Court.?;