ANANT KUMAR,J. - (1.) This writ petition under Article 226 of Constitution of India has been filed with following prayers: i) issue a writ, order in the nature of certiorari quashing the impugned order dated 30.09.2015 passed by Opposite Party No. 3 (contained in annexure no.1 to the writ petition). ii) Issue a writ order in the nature of mandamus commanding the opposite parties not to disturb the allotment/license of the petitioner on the basis of impugned order. iii) issue any other appropriate writ, order or direction which this Hon'ble High Court deems fit and proper in the circumstances of the case and iv) award the costs of the writ petition to the petitioner.
(2.) Brief facts relevant for disposal of this writ petition is that Opposite Party No. 5 was a fair price shop holder of village Panchayat - Khanpur Chapra, Tehsil - Tiloi, District - Chatrapati Shahu Ji Maharaj Nagar. It is stated that Opposite Party No. 5 submitted his resignation before Sub-Divisional Magistrate concerned, on 16.04.2012, which was supported with an affidavit and on the same date by Sub-Divisional Magistrate concerned an endorsement was made on the said resignation letter to the Supply Inspector concerned to submit his report, however, on the same date resignation was accepted and the licence of fair price shop of Opposite Party No. 5 was cancelled and the Block Development Officer was directed to fix a date for open meeting to select any other fair price shop holder after complying with the Government Orders. On 20.04.2012 a open meeting of Gram Panchayat was convened and the petitioner was nominated to run the fair price shop, which was vacant due to alleged resignation of Opposite Party No. 5 and the petitioner wasappointed as the licence holder of said fair price shop. Later on, Opposite Party No. 5 has submitted a letter dated 31.05.2012 to District Magistrate, Chatrapati Shahu ji Maharaj Nagar to the effect that a forged signature of petitioner has been made on resignation later as well as on affidavit on the strength of which her fair price shop has been cancelled. On the said letter an endorsement was made by the District Magistrate to the Sub Divisional Magistrate, Tiloi, Chatrapati Shahu Ji Maharaj Nagar for inquiry and information to the District Magistrate concerned in this regard. However, the Sub-Divisional Magistrate, Tiloi, Chatrapati Shahu Ji Maharaj Nagar himself instead of making any report to District Magistrate, Chatrapati Shahu ji Maharaj, made an order dated 24th July, 2012 (C.A. 11 to the counter affidavit ) that in case Opposite Party No. 5 is aggrieved by the said order, she may file a case before the Competent Court and application of the petitioner dated 31.05.2012 (C.A. 10 to the counter affidavit) was disposed of accordingly. Aggrieved by the said order, the Opposite Party No. 5 filed an statutory appeal before Additional Commissioner (Judicial), Faizabad Mandal, Faizabad being Appeal No. 43/2013, which was allowed vide order dated 30.09.2015 and the order of Sub-Divisional Magistrate dated 16.04.2012 was set aside and the licence of fair price shop of Smt. Surya Kala Devi (Petitioner) was cancelled and the shop of Opposite Party No. 5 was restored. Aggrieved by the said order, this writ petition has been filed.
(3.) Heard learned counsel for the petitioner Mr. Kuldeep Pati Tripathi, Mr. Kuldeep Singh, learned Standing Counsel for the State, learned counsel for Opposite Party No. 5 Mr. Murli Manohar Srivastava and perused the record.;