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2016 DIGILAW 2838 (ALL)

Chandra Prakash v. State of U. P

2016-08-17

RITU RAJ AWASTHI

body2016
JUDGMENT Ritu Raj Awasthi, J. 1. Mr. Vinod Kumar Tiwari, Advocate has put in appearance on behalf of opposite party no. 6 and files vakaltanama, the same is taken on record. 2. These are two writ petitions relating to the grant of license of fair price shop for gram panchayat Nandaur, Tehsil and Block Musafirkhana, District Amethi. Writ Petition No. 17200 (MS) of 2016 has been filed seeking direction to opposite parties to decide the representation of the villagers and ensure the initiation of the proceedings for allotment of license of fair price shop by adopting fresh procedure in the open meeting of gram panchayat whereas Writ Petition No. 19146 (MS) of 2016 has been filed challenging the proposal dated 12.7.2016 passed by the gram panchayat recommending the name of opposite party no. 6 for allotment of fair price shop license. 3. The Court while considering Writ Petition No. 17200 (MS) of 2016 had passed the order dated 27.7.2016 which is for convenience reproduced herebelow: "Notice on behalf of opposite parties no.1 to 5 has been accepted by learned Chief Standing Counsel, whereas Mr. Azad Khan, Advocate has accepted notice on behalf of opposite party no.6. The writ petition has been filed seeking direction to the authorities concerned to take action on the representation of the villagers and ensure that allotment of fair price shop at Village Nandaur, Block & Tehsil Mushafirkhana, District Amethi is allotted to a person belonging to scheduled cast. Mr. Vinod Kumar Tiwari, Advocate has put in appearance on behalf of one Chandra Bhooshan Mishra, S/o Sri Durgadeen and has filed impleadment application along with affidavit, stating therein that proposal/recommendation has been made in favour of Chandra Bhooshan Mishra for allotment of fair price shop in question giving him the benefit of ex-service person under the backlog quota. It is also stated that final order has been passed, however, copy of same is not available with him. Learned Standing Counsel may seek complete instructions in the matter within one week. List thereafter, as fresh." 4. Learned counsel for petitioners submit that in the village panchayat Nandaur the seat of Gram Pradhan was reserved for Scheduled Caste, as such, the allotment of fair price shop in question is to be made giving benefit of the reservation to the Scheduled Caste category and the said allotment can be made only from the Scheduled Caste category. 5. Learned counsel for petitioners submit that in the village panchayat Nandaur the seat of Gram Pradhan was reserved for Scheduled Caste, as such, the allotment of fair price shop in question is to be made giving benefit of the reservation to the Scheduled Caste category and the said allotment can be made only from the Scheduled Caste category. 5. It is submitted that horizontal reservation for giving benefit to ex-servicemen is to be applied by lottery system at the block level. In the instant case, the opposite parties have first reserved the fair price shop in question for ex-servicemen and thereafter have invited proposal from the gram panchayat and on the basis of impugned proposal are proceeding to make allotment of fair price shop license in favour of opposite party no. 6. 6. Learned standing counsel, on the basis of instructions, submits that the opposite party no. 2, District Magistrate, Amethi vide letter dated 19.5.2016 has issued directions for completing the backlog in the allotment of fair price shop license. For that purpose, the backlog at the block level has been considered and in Block Musafirkhana there exists 63 fair price shops out of which 15 fair price shops have already been reserved for Scheduled Castes/Scheduled Tribes category. As per Government Order dated 17.8.2002, 21% reservation is provided for Scheduled Castes category. Since already 15 fair price shops are allotted to SC/ST category, the fair price shop in question cannot be reserved for SC category. It is open for general category. The horizontal reservation to ex-servicemen, dependents of freedom fighters and handicapped persons, etc. is to be applied at the district level in view of the Government Order dated 11.8.2015. The authorities have marked the fair price shop in question for giving benefit of horizontal reservation to the ex-servicemen and according to the same the impugned proposal has been sent recommending the name of opposite party no. 6 for grant of fair price shop license. The opposite party no. 6 being an ex-servicemen is entitle to get the benefit of reservation for ex-servicemen. 7. 6 for grant of fair price shop license. The opposite party no. 6 being an ex-servicemen is entitle to get the benefit of reservation for ex-servicemen. 7. Considering the submissions made by the parties' counsel, I am of the considered view that the reservation for ex-servicemen is to be applied horizontally at the district level and in this regard the opposite parties have not committed any infirmity or illegality, in case they have decided to grant benefit of such reservation in the allotment of fair price shop license for the gram panchayat concerned. 8. So far as the question of grant of reservation to SC category for the gram panchayat concerned, since already 15 fair price shops have been reserved for SC/ST category out of 63 shops at the block level, the fair price shop in question cannot be reserved for SC/ST category at the moment. 9. The competent authority shall proceed to make the allotment of fair price shop in accordance with law, expeditiously, considering the proposal sent in this regard. 10. The writ petitions being devoid of merit are dismissed.