- (1.) Heard learned counsel for the petitioner and learned Standing Counsel.
(2.) This petition concerns the grant of license for allotting a fair price shop in a Village Gram Panchayat, namely, Dhingwas, Tehsil Lalganj, District Pratapgarh under the fair price shop distribution procedure promulgated through the Government Order dated 17.8.2002 issued under the authority of the Essential Commodities Act, a copy whereof is Annexure - 1 to the writ petition. Needless to mention that the aforesaid Government Order in some of its clauses has been amended later on, but the principal method of allotting the shop in question in favour of an individual by way of a resolution passed in an open meeting of the Gram Sabha is still intact. The function to promote public awareness for distribution of essential commodities and monitoring of the public distribution system are entrusted to the Gram Panchayat as per Section 15 (xxix) of the U.P. Panchayat Raj Act, 1947. The petitioner has alleged that the respondent No.4/Sub-Divisional Magistrate, who is the approving authority, under some political pressure is proceeding to allot the shop and grant license directly bypassing the procedure prescribed as mentioned aforesaid in the Government Order dated 17.8.2002. The concern of the petitioner therefore is that the grant of license should be processed through the proper procedure as prescribed for which a direction be issued to the 4th respondent to that effect.
(3.) We are disposing of this writ petition with appropriate directions as the matter relates to ensuring a public distribution of essential commodities which is one of the essential functions under part IX of the Constitution of India of the Panchayat of the Village Gram Sabha coupled with the responsibilities fixed under the U.P. Panchayat Raj Act, 1947 read with the Rules and Regulations framed thereunder and coupled with the Government Orders referred to here-in-above. But at the same time, a more important issue with regard to the locus of a person to discharge such official duties on behalf of the Panchayat of the Gram Sabha also crops up which requires a judicial pronouncement as has arisen on the facts of the present case.;