Vidya Devi vs State of U.P. and Others

S.P. Mehrotra and Anil Kumar, JJ.—The present writ petition under Article 226 of the Constitution of India has been filed, inter alia, praying for quashing the order dated 15.6.2009 (Annexure-1 to the writ petition) passed by the Block Development Officer, Sadar, Pratapgarh (respondent No. 4) and the order dated 16/17.5.2008 (Annexure-2 to the writ petition) passed by the Sub-Divisional Magistrate, Sadar, Pratapgarh (respondent No. 3).

From the averments made in the writ petition, it appears that the fair price shop in question was earlier allotted to Smt. Lakhpatti Devi. By the order dated 10.7.2006 (Annexure-3 to the writ petition) passed by the Sub-Divisional Magistrate, Sadar, Pratapgarh, the licence of the fair price shop in favour of the said Smt. Lakhpatti Devi was cancelled, and it was directed that fresh allotment of the fair price shop in question be made by calling open meeting of Gram Sabha in accordance with Rules.

Pursuant to the said order dated 10.7.2006, it appears that the meeting of Gram Sabha was held on 12.8.2006, and proposal for allotment of the fair price shop in question in favour of Vidya Devi (petitioner) was made. Copy of the minutes of the meeting of Gram Sabha dated 12.8.2006 has been filed as Annexure-6 to the writ petition.

It appears that no action was taken on the said proposal submitted on 12.8.2006 for a long time. Thereafter, by the order dated 16/17.5.2008 (Annexure-2 to the writ petition), the Sub-Divisional Magistrate, Sadar, Pratapgarh, inter alia, directed that open meeting of Gram Sabha be held again, and fresh proposal be submitted. It was observed in the said order that as more than six months had passed since the submission of the proposal dated 12.8.2006, the same could not be considered.

Pursuant to the said order dated 16/17.5.2008, the Block Development Officer, Sadar, Pratapgarh (respondent No. 4) by the order dated 15.6.2009 (Annexure-1 to the writ petition) directed that the open meeting of the Gram Sabha be held on 19.6.2009 for submitting fresh proposal for the allotment of the fair price shop in question.

Thereafter, the petitioner has filed the present writ petition seeking the reliefs as mentioned above.

We have heard Shri Sachin Tiwari, learned Counsel for the petitioner and the learned standing counsel appearing for the respondents, and perused the record.

As is evident from the facts narrated above, the proposal in favour of the petitioner for allotment of the fair price shop in question was submitted on 12.8.2006. Nothing was done in the matter for a long time thereafter. However, despite this, the petitioner did not seek any appropriate relief by approaching the Court. Again, even after the order dated 16/17.5.2008 was passed by the Sub-Divisional Magistrate, Sadar, Pratapgarh (respondent No. 3), inter alia, directing that no action could be taken on the said propoal dated 12.8.2006 as more than six months had passed, the petitioner did not immediately approach the Court seeking appropriate relief. The petitioner has now approached this Court after the Block Development Officer, Sadar, Pratapgarh (respondent No. 4) passed the order directing for holding the meeting of the Gram Sabha on 19.6.2009 for fresh allotment of the fair price shop in question.

In view of the above, it is evident that the petitioner is guilty of laches in approaching the Court for seeking appropriate reliefs. The writ petition is liable to dismissed on the ground of laches, and the same is accordingly dismissed on the said ground.