Surya Prakash Kesarwani, J. - (1.) Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and learned counsel for respondent no.7. No one appears on behalf of respondent no.6 even in the revised call. Submission:-
(2.) Submission of learned counsel for the petitioner is that once the advertisement for settlement of fair price shop by lottery was made on 8.8.2016, then the subsequent proceeding of open meeting of the village panchayat to select a fair price shop agent and approval of such selected fair price shop agent by the respondent nos. 4 and 5, is wholly without jurisdiction and without authority of law. The state respondents have not taken the stand that the advertisement dated 8.8.2016 was illegal and as such the selection of the petitioner by lottery made by the District Level Selection Committee in its meeting dated 4.10.2016 must be given effect. Therefore, the petitioner is entitled for allotment of the fair price shop of Village Panchayat - Amai Paar, Vikas Khand - Kudraha, Tehsil - Sadar, District - Basti. Two parallel proceedings namely the selection by the District Level Selection Committee and meeting of the village panchayat in question for selection of a fair price shop agent, can not be carried.
(3.) Learned standing counsel submits that the meeting of the Village Panchayat - Amai Paar was validly held prior to the meeting by the District Level Selection Committee. Pursuant to the proposal of the village panchayat, the Tehsil Level Committee took the decision on 31.8.2016 selecting the respondent no.7 for appointment as fair price shop agent of Village Panchayat - Amai Paar. Inadvertently, name of the Village Panchayat in question could not be deleted from the list of unsettled fair price shops of Village Panchayats of the District and when the error came to notice, the same was rectified. He submits that ordinarily selection of a fair price shop agent could be made only pursuant to the proposal of Village Panchayat in an open meeting. The proposal for selection of an agent for fair price shop by a Village Panchayat in its open meeting represents the will of people which shall always prevail over choice of an individual officer. Discussion & Findings:-;