Smt. Tara Devi vs State Of U.P. And 3 Others
2017 Latest Caselaw 5899 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 25
 
Case :- WRIT - C No. - 41794 of 2017
 
Petitioner :- Smt. Tara Devi
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Upendra Upadhyay,Aakash Rai
 
Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
 

 
Hon'ble Siddhartha Varma,J.

The contention of the petitioner is that when her husband was appointed as a fair price shop dealer in the year 1999, the provision as is contained in Clause 10(cha)  of the Government Order dated 17.8.2002 was not there and, therefore, he was appointed to run a shop in village Nagsar Meer Rai even though he was a resident of Nasgar Newaju. Subsequently, when the Government Order of the year 2002 was promulgated, an objection was raised that the petitioner's husband was not a resident of the village where the shop was situate. However, the objection was turned down on 8.6.2015. Subsequently, the petitioner's husband died on 2.8.2016. Ever since then the petitioner has been trying to get herself appointed as a Fair Price Shop Dealer under Clause 10 (Jha) of the Government Order dated 17.8.2002.

The contention of the petitioner is that when the husband of the petitioner was permitted to run the shop despite the fact that he was from a different village which was only one lane across the village in which the shop was situate, then now, when he was dead and she has in a state of penury and  should be given succour, she should be allowed to run the shop. Her submission is that in the event a person has to be appointed under Clause 10 (jha), the clause 10 (cha) should not be looked into, specially, when the deceased was allotted the shop before the 2002 Government Order was promulgated.

As the Sub Divisional Officer and Appellate Court have turned down the request of the petitioner, this writ petition has been filed.

Learned Standing Counsel submits that he would look into the position and would file a counter affidavit within two weeks.

List on 23.11.2017.

Till the next date of listing, no third party right shall be created.

Order Date :- 27.10.2017

praveen.