- (1.) Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State-respondents. Present petition has been filed with following prayers:- i. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 12/13.11.2017 passed by Respondent no.4 i.e. (Sub Divisional Magistrate) Tehsil Sikandara, District-Kanpur Dehat. ii. Issue a writ, order or direction in the nature of mandamus directing to the respondent no.4 to allotted of the fair price shop in favour of the petitioner as per resolution dated 13.7.2017 passed by Gram Panchayat, Village Kathra, District- Kanpur Dehat.
(2.) By the impugned order dated 13.11.2017, the resolution passed in open general meeting of Gaon Samaj Kathra dated 13.7.2017 was rejected on the ground that as per G.O. dated 11.5.2017 original allottee will continue as his residence and the boundaries of the shop are existing in village Kathra hence new shop will not be created in that village. In the aforesaid G.O. dated 11.5.2017 it was clarified that, in case, the residence and the boundaries of the original allottee are existing in two different village then he will be treated as original allottee of the shop of the village of which he is resident. On this ground the resolution passed in favour of the petitioner was rejected.
(3.) Challenging the same, submission of learned counsel for the petitioner is that since Gram Panchayat Kathra was newly carved out from the Village Panchayat Gahilapur, therefore, it has to be treated as new Gram Panchayat and new shop should be created therein. Therefore, the resolution already passed in favour of the petitioner is liable to be allowed and shop of respondent no.6 should be cancelled or be treated to have extinguished due to delimitation.;