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2015 DIGILAW 1217 (MP)

Mahesh Yadav v. State of M. P.

2015-12-02

RAJENDRA MAHAJAN, RAJENDRA MENON

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ORDER 1. The petitioners have filed this writ petition pro bono and it is their grievance that for the purpose of purchase of wheat respondent No.2/the Collector of Hoshangabad had notified certain areas initially in the year 2010-11 and a center was identified for the said purpose bearing Code No.29/2010 at Serial No.10 of Annexure P-1 dated 10.3.2010. It is said that now on the basis of certain decision taken and the area originally selected and notified for purchase of wheat is being changed and is being shifted to the place which is 5 kms away causing great hardship and inconvenience to the general public in the area particularly the villagers. 2. Inter alia contending that contrary to the recommendation and suggestion made by the authority like the Gram Panchayat and the Sub-Divisional Officer, impugned action is taken, this writ petition has been filed in public interest. 3. Shri Swapnil Ganguly, learned Government Advocate points out that the question of establishing the center for purchase of wheat is an administrative and executive decision and if discretion has been exercised by the authority, the writ Court is not required to interfere until and unless any statutory provision or constitutional right of the villagers are shown to be violated. 4. We have considered the contention and find that the only question raised is with regard to selection of appropriate place for the purpose of purchase of wheat and the same is done after considering various administrative exigencies. Accordingly in case petitioners have any grievance with regard to the selection of the place which is impugned in this petition, they may point out the same to the Collector, Hoshangabad and it would be for the Collector, Hoshangabad to appreciate the grievance of the petitioners and take a decision in this regard. 5. Accordingly, without entering into the controversy on the merits of the matter, it would be appropriate to direct that on petitioners filing a certified copy of this order along with relevant documents before the respondent No.2, the respondent No.2 Collector, Hoshangabad shall look into the matter and pass an appropriate order and communicate it to the petitioners within a period of fifteen days from the date of receipt of certified copy of the order. 6. With the aforesaid direction, this petition stands disposed of.