DILIP B.BHOSALE,J. - (1.) Heard Sri Anjani Kumar Dubey, learned counsel for the appellant. Sri V.K. Kushwaha, learned counsel appearing for the opposite party no. 5 and Sri R.N. Pandey, Additional Chief Standing Counsel for the respondent-State.
(2.) The instant intra-court appeal is directed against the order dated 17.4.2018 passed in Writ-C No. 13456 of 2018 (Nargish v. State of U.P. and others ), whereby, the learned Single Judge declined to interfere with the order dated 2.4.2018 passed by the Sub Divisional Magistrate, Tirwa, Kannauj the order impugned in the writ petition passed in compliance of the judgment and order dated 16.3.2018 passed in Writ C No. 9783 of 2018 (Ashish Shukla v. State of U.P. and others ) instituted by respondent no. 5. The dispute pertains to the appointment of fair price shop dealership. The respondent no. 5 claims benefit/reservation under the category of Dependent of Freedom Fighters, whereas, the contention of the learned counsel for the appellant is that the respondent no. 5 does not fall under the said category as mandated in terms of Government Order dated 17.8.2002 which provides for horizontal reservation for special category of persons in the allotment of fair price shop dealership.
(3.) The respondent no. 5 had earlier approached this Court by filing a petition (Writ-C No. 9783 of 2018) assailing the order dated 28.12.2017 passed by the Sub Divisional Magistrate rejecting the claim of the respondent no. 5 on the ground that he is covered under the category of reservation provided vide Government Order dated 17.8.2002. This Court set aside the order of the Sub Divisional Magistrate and allowed the writ petition. Operative portion of the order reads thus: "The Sub Divisional Magistrate shall reconsider the case of the petitioner in the light of observations made herein-above and pass appropriate orders within a period of three weeks from the date a certified copy of this order is produced before him.";