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2012 DIGILAW 170 (ALL)

RAM NATH v. STATE OF U. P.

2012-01-18

S.P.MEHROTRA, SURENDRA KUMAR

body2012
Hon'ble Surendra Kumar,J.: Pleadings have been exchanged between the parties and with the consent of the learned Counsel for the parties, the Writ Petition is being disposed of at this stage. The present Writ Petition has been filed, inter-alia, praying for quashing the Order dated 12.10.2006 ( Annexure-1 to the Writ Petition), passed by the District Magistrate, Azamgarh on the Representation dated 29.8.2006 submitted by the Petitioner pursuant to the Order dated 22.8.2006 passed by this Court in Civil Misc. Writ Petition No. 44829 of 2006 filed by the Petitioner. From the averments made in the Writ Petition, it appears that the Petitioner was running a Fair Price Shop in Gram Panchayat, Mustafabad while the Respondent No. 4 ( Shyam Sundar Singh) was running a Fair Price Shop in Gram Sabha, Tulsipur. During the last Gram Panchayat elections, Gram Sabha, Tulsipur was also included in Gram Panchayat, Mustafabad. As a result, there were two Fair Price Shops running in Gram Panchayat, Mustafabad. In view of the two Fair Price Shops coming under the Gram Panchayat, Mustafabad, the Sub-Divisional Magistrate, Sadar, Azamgarh passed an Order dated 18.7.2006 making equal allotment of quota of food grains between the said two Fair Price Shops-one being run by the Petitioner while the other being run by the Respondent No. 4. A copy of the said Order dated 18.7.2006 has been filed as Annexure-7 to the Writ Petition. The Petitioner thereupon filed a Writ Petition, being Civil Misc. Writ Petition No. 44829 of 2006 before this Court. The said Writ Petition was disposed of by this Court by the Order dated 22.8.2006, directing the District Magistrate, Azamgarh to consider and decide the Representation of the Petitioner made in the matter of allocation of Ration Cards, expeditiously, preferably within the time mentioned in the said Order dated 22.8.2006. Pursuant to the said Order dated 22.8.2006, the Petitioner submitted a Representation dated 29.8.2006 before the District Magistrate, Azamgarh. As noted above, by the Order dated 12.10.2006, the District Magistrate, Azamgarh ( Respondent No. 2) disposed of the said Representation of the Petitioner dated 29.8.2006. Pursuant to the said Order dated 22.8.2006, the Petitioner submitted a Representation dated 29.8.2006 before the District Magistrate, Azamgarh. As noted above, by the Order dated 12.10.2006, the District Magistrate, Azamgarh ( Respondent No. 2) disposed of the said Representation of the Petitioner dated 29.8.2006. The District Magistrate, Azamgarh in the said Order dated 12.10.2006 concluded that the allotment done by the Sub-Divisional Magistrate, Sadar, Azamgarh by the said Order dated 18.7.2006, whereby equal allocation was made regarding quota of food grains and distribution thereof in respect of the two Fair Price Shops, was proper, and in the circumstances, no interference was called for with the said Order dated 18.7.2006 passed by the Sub-Divisional Magistrate, Sadar, Azamgarh. The Petitioner has thereafter filed the present Writ Petition seeking the reliefs mentioned above. We have heard Sri R.B. Singh, learned Counsel for the Petitioner, the learned Standing Counsel appearing for the Respondent Nos. 1, 2 and 3, and Sri Kamal Kumar Singh, learned Counsel for the Respondent No. 4, and perused the record. It is submitted by Sri R.B. Singh, learned Counsel for the Petitioner that prior to the inclusion of Gram Sabha, Tulsipur in Gram Panchayat, Mustafabad, the allotment made to the Respondent No. 4 was far below the allotment made to the Petitioner, and, therefore, even after the inclusion of Gram Sabha, Tulsipur in Gram Panchayat, Mustafabad, the allotment between the Petitioner and the Respondent No. 4 ought to have been done accordingly. We have considered the submissions made by Sri R.B. Singh, learned Counsel for the Petitioner, and we find ourselves unable to accept the same. It is the own case of the Petitioner that Gram Sabha, Tulsipur was included in Gram Panchayat, Mustafabad, and thereafter the Order dated 18.7.2006 was passed by the Sub-Divisional Magistrate, Sadar, Azamgarh making equal allocation of quota of food grains and distribution thereof in respect of the two Fair Price Shops-one being run by the Petitioner while the other being run by the Respondent No. 4. In our view, once Gram Sabha, Tulsipur was included in Gram Panchayat, Mustafabad, and, therefore, two Fair Price Shops came under Gram Panchayat, Mustafabad, the Sub-Divisional Magistrate, Sadar, Azamgarh was right in making equal allocation of quota of food grains and distribution thereof to the two Fair Price Shops. The Order passed by the Sub-Divisional Magistate, Sadar, Azamgarh was fully justified on the principles of equity. The Order passed by the Sub-Divisional Magistate, Sadar, Azamgarh was fully justified on the principles of equity. As noted by the District Magistrate, Azamgarh in the Order dated 12.10.2006, the number of Ration Card holders in respect of the two Fair Price Shops were substantially equal. In our opinion, the Order dated 12.10.2006 passed by the District Magistrate, Azamgarh upholding the Order of the Sub-Divisional Magistrate, Sadar, Azamgarh dated 18.7.2006, does not suffer from any error or illegality or infirmity. Even otherwise, this is not a fit case for interference by this Court under Article 226 of the Constitution of India. In view of the above discussion, the Writ Petition filed by the Petitioner lacks merits, and the same is liable to be dismissed. The Writ Petition is accordingly dismissed. However, on the facts and in the circumstances of the case, there will be no order as to costs.