Court No. - 36 Case :- WRIT - C No. - 37269 of 2010 Petitioner :- Smt. Laung Shri Devi Respondent :- State Of U.P. And Others Petitioner Counsel :- Smt. Manju R. Chauhan,Vijay Kumar Maurya Respondent Counsel :- C.S.C.,D.D. Chauhan,Lovelesh Kr. Verma Hon'ble Sheo Kumar Singh,J.
Hon’ble Rajesh Chandra,J.
The claim of the petitioners is for consideration of allotment of fair
price shop in view of the Government Order dated 17 August,
2002.
Contention of the petitioner is that husband of petitioner no. 1 was
earlier allotted a fair price shop in the year 1980 under the Dacoity
Abolition and Rehabilitation Scheme. There was no complaint
against distribution of essential commodities by any of the card
holders. However, the husband died and after his death an
application was moved by petitioner no. 1 before respondent no.2
for considering the name of her son, i.e. petitioner no.2, on
compassionate grounds for allotment of the fair price shop.
Para 8 of the Government Order provides that the category of
reserved shop shall not be changed in any circumstances. In view
of the provisions and the order dated 21-5-2010 passed by the Sub
Divisional Magistrate, name of petitioner no.2 was to be
considered but in connivance of the private respondents a
resolution was passed on 14-6-2010 by the members of Gaon
Sabha whereby name of petitioner no.2 was not recommended
which is in violation of the Government Order. It is further argued
that against the aforesaid resolution, petitioners have moved a
detailed representation before respondent no. 2 which is still
pending.
This writ petition is disposed of with a direction to the petitioners
to pursue their representation pending before the competent
authority who shall consider the claim of petitioners in accordance
with law/Government Order the benefit of which is claimed.
It is made clear that we have not expressed any opinion on merits
and thus decision of authority will be his independent exercise.
Order Date :- 30.6.2010
SR