- (1.) Heard Sri Sheo Ram Singh, along with Sri Rajeshwar Singh, learned counsel for the petitioner, learned Standing Counsel appearing for the State-respondents and Sri T.M. Khan, learned counsel for the gaon sabha. This writ petition has been filed for issuing a writ of certiorari quashing the orders dated 7.6.2016 and 29.6.2016 passed by the Sub Divisional Officer, Tamkuhiraj, Kushi Nagar. It is submitted by the learned counsel for the petitioner that the fair price shop of Village Jogiya Patti, Block Tamkuhi, District Kushi Nagar had fallen vacant on account of cancellation of the agreement to run fair price shop of erstwhile fair price shop agent Kanheiya Singh. It is submitted that the shop was reserved for allotment under Scheduled Castes category and after sometime, resolution dated 31.5.2016 was passed in the opening meeting of the gaon sabha in favour of the petitioner, which was forwarded to the Sub Divisional Officer on 8.7.2016. The aforesaid resolution was engaging attention of the Sub Divisional Officer and in the meantime, the earlier order keeping the shop reserved for Scheduled Castes category has been withdrawn and now, the shop has been directed to be filled up from amongst the persons belonging to general category. When the petitioner came to know about this fact, he filed an application on 15.6.2016 before the Sub Divisional Officer for redressal of his grievance, but no decision has yet been taken.
(2.) It is submitted that another order has been passed by the Sub Divisional Officer for holding a fresh meeting for appointment of fair price shop agent under the general category in the open meeting of the gaon sabha. In the submissions of learned counsel for the petitioner, 7.7.2016 was the date fixed for the said purpose, but that was postponed and no resolution has yet been passed for appointment of fair price shop agent and the shop is still vacant. The submission is that once the shop was reserved for scheduled caste category and the petitioner's name was recommended for appointment, who scored highest votes in the open meeting of the gaon sabha, it was not open for the authority concerned to change the category of the shop from scheduled caste to general; that too, without giving any opportunity to the petitioner. There may be substance in the submissions of learned counsel for the petitioner, but looking into the facts and circumstances of the case that no one has yet been appointed as fair price shop agent, I find it appropriate to dispose of the writ petition with the direction to the Sub Divisional Officer to consider the representation of the petitioner dated 15.6.2016 taking it as an objection to change of category from scheduled caste to general category and in case any fresh resolution is passed, pursuant to the order of the Sub Divisional Officer dated 7.6.2016, before approving the fresh recommendation, the petitioner's objection shall also be considered by passing a reasoned speaking order in accordance with law. With the aforesaid observations / directions, this writ petition is disposed of.;