Anjani Kumar, Sudhir Agarwal - (1.) -Heard learned counsel for the petitioner and learned standing counsel.
(2.) AGGRIEVED by order dated 12.2.2008, passed by Sub-Divisional Magistrate, Mohammadabad Gohna, district Mau, whereby he allotted fair price shop by drawing lottery in favour of respondent No. 6, Smt. Chanchala Devi, the petitioner who is Pradhan of Gaon Sabha concerned, has challenged this order on the ground that recommendation of Gaon Sabha has not been taken and the allotment in favour of respondent No. 6 has been made by drawing lottery in utter disregard of relevant Government order. We have considered the matter and do not find any illegality or irregularity. The Government order dated 17.8.2002 vide para 11 provides that where no resolution is passed by Gram Sabha or where there is any dispute with respect to such resolution of Gaon Sabha, it will be open to the District Magistrate to get fair price shop allotted on the recommendation of the committee presided by the Sub-Divisional Magistrate. The procedure of selection by such committee is not provided in any of the Government orders and para 10 of the Government order dated 17.8.2002 only provides certain eligibility conditions which should be kept in mind while making selection. In the circumstances, if there are more than one applicant fulfilling the said conditions of eligibility etc., we do not find any illegality if the selection committee has made its recommendation by adopting lottery system and selected a person in accordance therewith. Moreover, there is no allegation of mala fide or favouritism against anyone in the present writ petition and the impugned order clearly shows that it is the selection committee which has adopted the lottery system. In the circumstances, we do not find it a fit case warranting any interference under Article 226 of the Constitution of India. The writ petition is accordingly, dismissed.;