- (1.) Heard Sri Sheo Ram Singh, learned counsel for the petitioner, learned Standing Counsel appearing for the Staterespondents, Sri V.C.Tiwari, learned counsel appearing for the caveator and Sri M.K.Yadav, learned counsel for the Gaon Sabha.
(2.) Through this writ petition, the petitioner has prayed for issuing a writ of certiorari quashing the order dated 24.8.2011 passed by the Sub Divisional Officer, Tehsil Badlapur District Jaunpur as well as the order dated 31.3.2012 passed by the Additional Commissioner (Food and Civil Supplies) Varanasi Region, Varanasi. Vide order dated 24.8.2011 the agreement of the petitioner to run the fair price shop of Village Deva Patti has been cancelled by the Sub Divisional Officer whereby the subsequent order dated 31.3.2012 the Additional Commissioner, (Food and Civil Supplies) has dismissed the Appeal No. 123 of 2011 (Samar Bahadur vs. State) filed by the petitioner against the order dated 24.8.2011.
(3.) The facts of the case, in brief, are that the petitioner herein was appointed as fair price shop agent of village Deva Patti in the year 1993 and since then he has been running the shop. However, her wife was elected as Pradhan of Village Panchayat Machligaon in the year 2010. The caveator, namely Smt. Uttama Devi, wife of Ram Raj has filed a complaint on 19.7.2011 on Tehsil Divas for cancelling the agreement of the petitioner's fair price shop on the ground that her wife has been elected as Village Pradhan. On the aforesaid complaint the Block Development Officer was required to submit a report. The Block Development Officer, pursuant thereto on 14.8.2011 informed that the matter has been enquired by the Assistant Development Officer, Panchayat who reported that the wife of the petitioner has been elected as Pradhan of Village Panchayat Machligaon whereas the petitioner is running fair price shop of Village Deva Patti since 1993. Simultaneously a report was also submitted by the Supply Inspector who taking shelter of the Government Order dated 17.5.2010 has reported that in the event, any family member of the fair price shop agent is elected as Pradhan or Up Pradhan then the agreement to run the fair price shop has to be cancelled with immediate effect. Taking note of that the petitioner's agreement to run the fair price shop was cancelled for the reason that the petitioner's wife has been elected as Pradhan of Village Panchayat Machligaon.;