Hon’ble Ashok Bhushan, J.—Heard Sri Ashish Kumar Srivastava, learned counsel for the petitioner, Sri H.N. Shukla learned counsel appearing for respondent No. 7 and the learned Standing Counsel.

2. Counter and rejoinder-affidavits have been exchanged and the writ petition is being finally decided by consent of the learned counsel for the parties.

3. By this writ petition, the petitioner has prayed for quashing the order dated 14th March, 2011 passed by the Sub-Divisional Officer appointing respondent No. 7 as second fair price shop dealer in the Gram Panchayat Kamhariya Bujurg.

4. Brief facts, which emerge from pleadings of the parties, are; the Sub-Divisional Officer wrote a letter dated 24th January, 2011 to the Block Development Officer for obtaining a resolution of the Gram Panchayat for appointment of fair price shop dealer in view of the fact that number of units in the village are more than 4000. The petitioner made an application dated 5th February, 2011 to the Sub-Divisional Officer praying that he is also an applicant for fair price shop. One Subhawati and Mohd. Ali also made similar applications. A resolution dated 9th February, 2011 was passed by the Gaon Sabha in f