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D. Y. CHANDRACHUD, DEVENDRA KUMAR UPADHYAYA
VINOD KUMAR – Appellant
Versus
STATE OF U. P. – Respondent
By the Court.—The petitioner is a resident of Village Kotara, Block and Tehsil Biswan, District Sitapur. The licence of a fair price shop in the village was cancelled by the Sub Divisional Magistrate, Biswan, District Sitapur on 27 September 2012. The licence holder filed an appeal against the order of cancellation which is stated to be pending. In the meantime, after the cancellation of the licence, the Gram Panchayat passed a resolution proposing the name of the petitioner for the allotment of the fair price shop. Since no decision was taken on the resolution of the Gram Panchayat, the petitioner filed a writ petition, Misc. Bench No. 12007 of 2013, which was disposed of by a Division Bench on 19 December 2013 by directing the Sub Divisional Magistrate to take a decision expeditiously, preferably within a period of four months. Following the order of this Court, the Sub Divisional Magistrate by an order dated 9 April 2014 rejected the representation of the petitioner. The ground which weighed with the Sub Divisional Magistrate is that in view of the orders passed by two Division Benches of this Court in Shyam Behari Awasthi v. District Magistrate, Sitapur, Writ Petition
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