Court No. - 9 Case :- WRIT - C No. - 5238 of 2010 Petitioner :- Harendra Singh Respondent :- State Of U.P. Thru. Secretary Food & Civil Supply & Others Petitioner Counsel :- Siddhartha Varma Respondent Counsel :- C.S.C. Hon'ble Vijay Manohar Sahai,J.
Hon’ble Virendra Kumar Dixit,J.
Supplementary affidavit filed by the petitioner is taken on record.
Heard counsel for the petitioner and Standing Counsel for respondents.
Father of the petitioner Sri Radhey Shyam Singh had been running fair price
shop since 1967 in Village Deokali, Block and Tehsil Mehnagar District
Azamgarh. There was no complaint against the fair price shop. The
petitioner’s father died on 19.11.2009 due to heart attack. Government Order
dated 17.8.2002 in paragraph-10-Jha provides that fair price shop be given to
the dependent, namely the widow or son or unmarried daughter. The
petitioner is Dependant son and he has applied for allotment of fair price
shop.
Therefore, we direct the Sub-Divisional Officer, Tehsil Mehnagar District
Azamgarh to consider the claim of the petitioner for allotment of fair price
shop in place of his deceased father. Consideration shall be made by
respondent no.3 within a period of six weeks from the date a certified copy of
this order is produced. Till the final decision is taken by respondent no.3 the
meeting held by Gaon Sabha scheduled to be held on 10.2.2010 in pursuance
of the resolution dated 27.11.2009 shall remain in abeyance.
With the above directions, the writ petition is finally disposed of.
Order Date :- 4.2.2010
sks