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Allahabad High Court · body

2016 DIGILAW 2129 (ALL)

Avinisha Devi v. State of U. P.

2016-06-01

V.K.SHUKLA, YASHWANT VARMA

body2016
JUDGMENT Smt. Avinisha Devi is before this Court assailing the validity of the order dated 13 May 2016 (Annexure-10 to the writ petition in question) wherein the Sub Divisional Magistrate, Patiyali, District Kasganj has proceeded to rescind the earlier resolution dated 8 September 2015 purported to have been passed in favour of the petitioner according agency of fair price shop in her favour. 2. From the side of the petitioner, it has been sought to be submitted before us that in the open meeting of the Gram Panchayat that has been so held a resolution has been passed for allotment of fair price shop in favour of the petitioner and in view of the above there was no occasion, reason or justification to rescind the resolution. 3. Learned standing counsel, on the other hand, has countered the said submission by submitting that pursuant to the directions issued by this Court in Writ Petition No. 15866 of 2016 (Smt. Avinisha Devi Vs. State of U.P. and others), an enquiry in question has been conducted and it has been found that proceedings in question had been suffering from various procedural infirmities and even the resolution in question was not signed by the Chairman of the Gram Panchayat and that the petitioner had not deposited the bank draft for Rs.1000/- nor submitted eligibility certificate. It is true that a resolution dated 8 September 2015 has been shown to have been passed in favour of the petitioner. 4. The accepted position is that the matter in regard to the resolution of the Gram Panchayat in favour of the petitioner had been pending before the Sub Divisional Magistrate without any order and during this interregnum period, the petitioner had filed Writ Petition No. 15866 of 2016 which was disposed of with the direction to the Sub Divisional Magistrate to consider the resolution of the Gram Panchayat dated 8 September 2015. Since the resolution has been rescinded by the impugned order after holding enquiry , no rights whatsoever has been accrued in her favour. The writ petition lacks merit and is accordingly dismissed.