- (1.) BY the Court. - This writ petition has been filed by the Gram Sabha, Radhopur, District Jaunpur through Chairman/Pradhan challenging the order passed by Sub-Divisional Magistrate, Madiyahu, Dis­trict Jaunpur dated 25th November, 2006.
(2.) ACCORDING to the petitioner on 25-11-2006 the fair price shop, which was suspended on the complaint of the peti­tioner and other villagers, has been re­stored on payment of penalty of Rs. 2000 only whereas the mens rea with regard to embezzlement and other activity are ap­parent, therefore, the order should be quashed/set aside and an appropriate or­der is to be passed in this regard. According to the respondent No. 5 i.e. Fair Price Shop Dealer/Distributor, there was no resolution on the part of the petitioner to proceed.
(3.) SO far as Government respondent is concerned, learned Additional Chief Standing Counsel has contended before this Court that there is alternative rem­edy of adjudication of appeal. When such arguments were advanced on earlier oc­casion, it has been called by one of us ( Hon'ble Ashok Srivastava, J ) that even if the Gram Sabha can prefer an appeal or not. As a result we have fixed the matter today for hearing the same in full length.;