S.P.MEHROTRA, ANIL KUMAR, JJ. - (1.) THE present writ petition under Article 226 of the Constitution of India has been filed, interalia, praying for quashing the order dated 15.6.2009 (Annexure-1 to the writ petition) passed by the Block Development Officer, Sadar, Pratapgarh (respondent no.4) and the order dated 16/17.5.2008 (Annexure-2 to the writ petition) passed by the Sub-Divisional Magistrate, Sadar, Pratapgarh (respondent no.3).
(2.) FROM the averments made in the writ petition, it appears that the fair price shop in question was earlier allotted to Smt. Lakhpatti Devi. By the order dated 10.7.2006 (Annexure-3 to the writ petition) passed by the Sub-Divisional Magistrate, Sadar, Pratapgarh, the license of the fair price shop in favour of the said Smt. Lakhpatti Devi was cancelled, and it was directed that fresh allotment of the fair price shop in question be made by calling open meeting of Gram Sabha in accordance with Rules. Pursuant to the said order dated 10.7.2006, it appears that the meeting of Gram Sabha was held on 12.8.2006, and proposal for allotment of the fair price shop in question in favour of Vidya Devi (petitioner) was made. Copy of the Minutes of the meeting of Gram Sabha dated 12.8.2006 has been filed as Annexure-6 to the writ petition.
(3.) IT appears that no action was taken on the said proposal submitted on 12.8.2006 for a long time. Thereafter, by the order dated 16/17.5.2008 (Annexure-2 to the writ petition), the Sub-Divisional Magistrate, Sadar, Pratapgarh, interalia, directed that open meeting of Gram Sabha be held again, and fresh proposal be submitted. It was observed in the said order that as more than six months had passed since the submission of the proposal dated 12.8.2006, the same could not be considered.;