Sangeeta Chandra, J. - (1.) In pursuance of the order passed by this Court on 13.12.2017, learned Standing Counsel informed this Court that the letter was sent and instructions have been received from the Principal Secretary, Food and Civil Supplies, copy of such instructions has been produced before this Court, which shows that the Principal Secretary has sadly not applied her mind to the question posed by this Court.
(2.) The instructions dated 12.12.2017 say that the Sub Divisional Magistrate, Nichlaul, Maharajganj by his order dated 26.05.2017 has quashed the recommendation of the Gram Sabha for allotment of fair price shop in favour of the petitioner on the ground that the said recommendation/proposal was made on 03.05.2013, and four years had passed and if the proposal of the Gram Sabha is older than six months, it would be appropriate that fresh proposal is called for in a fresh meeting convened for the said purpose. Since, the Licensing Authority, Sub Divisional Magistrate, Nichlaul, Maharajganj has not referred to any Government Order/Control Order in the impugned order dated 26.05.2017, therefore, it cannot be said as to under which order the Sub Divisional Officer has passed the order dated 26.05.2017 and there is no provision in any Government Orders or Control Orders describing the method of consideration of Gram Sabha's proposal by the Licensing Authority. Even the proposal made by the Gram Sabha on 03.05.2013 does not say under the provisions of which order, it has been passed, and therefore, the Government has taken a decision to ask for explanation from all officials concerned and for the said purpose has directed the District Magistrate, Maharajganj through its order dated 08.12.2017, to determine the responsibility of the officials concerned, and take appropriate action thereafter.
(3.) It is really unfortunate that the Principal Secretary concerned has not applied her mind at all to the controversy involved in this writ petition as regards which this Court had passed orders on 27.11.2017 and 13.12.2017. The Principal Secretary has only signed the draft submitted by her office in the form of noting on the file.;