Neutral Citation No. - 2025:AHC-LKO:18275 Court No. - 6 Case :- WRIT - C No. - 2905 of 2025 Petitioner :- Smt. Mamta Singh Respondent :- State Of U.P. Thru. Prin. Secy. Food And Civil Supplies Deptt. Lko. And 7 Others Counsel for Petitioner :- Harendra Prakash Srivastava,Dileep Kumar Yadav,Sunil Kumar Srivastava Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel and Shri Mohan Singh, learned counsel for the Gaon Sabha. 2. The present petition has been filed by the petitioner challenging the order dated of the Tehsil Level Committee dated 24.10.2024 as well as the consequential order dated 28.10.2024. 3. The facts as emerge are that for the appointment of the fair price shop licensee, a meeting of the general body was called by the Gram Sabha, in which the voting took place. It is the claim of the petitioner that a total of 374 people had voted in favour of the petitioner. However, subsequent thereto, a complaint was made by one Adarsh Pandey alleging that on the date of the voting on account of threats being issued, the voting was not done properly and various people had to leave because of on going fight that took place allegedly as stated in the complaint. The order dated 24.10.2024 came to be passed by the Tehsil Level Committee setting aside the election of the petitioner mainly on the ground that on investigation, as many as 122 people had given the statements that a dispute had taken place on the date of the election. Thus, as per the said statement, prima facie the contentions in the complaint were found to be correct and the proposal dated 18.09.2024 was rejected and directions were issued for passing fresh proposal in accordance with the guidelines given in the Government Order dated 05.08.2019. In short, the matter was remanded for fresh election for selecting the fair price shop licensee. 4. Learned counsel for the petitioner argues that no such fight had taken place as is demonstrated in the affidavits filed by as many as 169 persons stating that no such fight had taken place. 5. In light of the said assertion, the instructions were called for. Learned Standing Counsel has produced the instructions, which are taken on record. 6. In terms of the said instructions, it has been recorded that a total of 291 statements were taken from the villagers, out of which, approximately 169 villagers had recorded their statements to the effect that no dispute had taken place on 18.09.2024 at the time of selection of the licence holder. It was further recorded in the instructions that 122 villagers had given statement that a dispute had taken place. The order impugned records only the statement of 122 persons, who had given the statement that a dispute had taken place, which is contrary to the instructions, which states that as many as 169 persons had given statement that no dispute had taken place at the time of selection. Clearly the order impugned does not take into consideration the statement of 169 persons as mentioned in the instructions. 7. Further more, the order impugned does not record the statement of the officers, who are present at the time of selection on 18.09.2024. Finding that the order impugned dated 24.10.2024 is erroneous inasmuch as the decision making process is prima facie faulty of not taking into consideration the statements of 169 villagers as well as there appears no consideration of the statement of the officers, who are present at the time of voting. Finding the order dated 24.10.2024 suffering from the vice of perversity and the same cannot be sustained. 8. Accordingly, the order dated 24.10.2024 is quashed and consequential order dated 28.10.2024 is also quashed. 9. The matter is remanded to the Tehsil Level Committee to pass fresh orders, while doing so they will accord consideration to the statement of 169 persons and if required, shall take the statement of the officers, who are present at the time of voting in the meeting dated 18.09.2024. Fresh order shall be passed expeditiously, preferably within a period of three weeks from today. 10. The writ petition is disposed of in terms of above. Order Date :- 2.4.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench