Km. Noor Saba vs State Of U.P. And 2 Others
2022 Latest Caselaw 10928 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- WRIT - C No. - 23806 of 2022
 

 
Petitioner :- Km. Noor Saba
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Santosh Kumar Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Prakash Padia,J.

Heard learned counsel for the parties.

The petitioner has preferred the present petition inter-alia with the prayer to direct the second-respondent namely District Supply Officer, Manjhanpur Kaushambi to issue Fair Price Shop License in favour of the petitioner. Further prayer has been made to direct the aforesaid respondent to decide the petitioners' application/representation dated 01.04.2022.

Facts in brief as contained in the writ petition are that the father of the petitioner namely Late Shri Munna has run a fair price shop since 1998 to 2020 near about 22 years without any complaint or enquiry. It is stated that in the family of petitioner except to mother there is no family member and the date of birth of petitioner is 01.01.2003 as per the record of High School certificate of year 2021 and now she is 21 years old. There is no any source of Income to survive her family. It is stated in paragraph-8 of the petition that after the death of father of the petitioner, the shop in question has allotted in the name of respondent no.3 i.e. Smt. Sahana Begum but till today neither the Gram Sabha has passed any resolution nor proceed further in accordance with law.

It is argued that in terms of the clause - 10 (Jha) of the Government Order dated 17.08.2002, the petitioner is entitled for the Licence in question on compassionate basis. It is argued that the petitioner is fulfilling all the terms and conditions of the aforesaid Government Order. He also placed reliance upon the judgment passed by the Coordinate Bench of this Court dated 22.01.2019 in Writ C No. 2085 of 2019 (Sunil Kumar Gupta vs. State of U.P. and 3 others). The aforesaid order is reproduced herein-below:-

"Heard learned counsel for the petitioner and Sri Bipin Bihari Pandey, learned Additional Chief Standing Counsel for the State respondents.

The petitioner is before this Court with request to issue direction to the second respondent, District Supply Officer, Prayagraj to appoint him as Fair Price Shop Dealer of Nagar Panchayat Phoolpur, Prayagraj on compassionate ground against the vacancy caused due to death of his mother.

Record in question reflects that the mother of the petitioner, who died on 03.10.2018, was licensee of fair price shop situated at Mohalla Jameelabad, Nagar Panchayat Phoolpur, Prayagraj. After the death of his mother, the District Supply Officer, Prayagraj vide order dated 5.10.2018 has cancelled her fair price shop licence. Consequently, the petitioner has applied for making allotment of fair price shop in question in his favour on compassionate ground in pursuance of the Government Order dated 17.8.2002. Copy of the said application/representation dated 16.10.2018 filed before the third respondent has been filed as Annexure No.6 to the writ petition. In spite of sincere efforts made by the petitioner, the same is still pending consideration. Hence, this writ petition.

Learned counsel for the petitioner precisely submits that the case of the petitioner is squarely covered by the Government Order dated 17.8.2002 for making allotment of fair price shop in his favour under dying-in-harness but the same has not been complied with by the licensing authority. The petitioner is having good character and no criminal case has been registered against him as such criteria of eligibility for allotment of fair price shop in favour of the petitioner under dying in harness as provided in the aforesaid Government Order has been fulfilled by the petitioner and as such, request has been made to expedite the aforementioned application/representation and issue fair price shop licence in favour of the petitioner forthwith.

Learned Additional Chief Standing Counsel has placed reliance on the judgement of this Court in Writ C No.16948 of 2018 (Sumpurnanand vs. State of UP and 2 others) decided on 26.10.2018 reported in 2018 (11) ADJ 550 in submitting that the entire procedure for settlement of fair price shop on the basis of compassionate ground is enumerated in the Government Order dated 17.8.2002, and Clause-10 (Jha) of the said Government Order deals for the compassionate appointment on the basis of good reputation of the deceased fair price shop dealer as a pre-condition for compassionate appointment. The validity of the said Government order was subjected to challenge in the aforesaid writ petition. Finally, the aforesaid Government order dated 17.8.2002 has been struck down and the regular allotment in such cases has been kept in abeyance till criteria for appointment of fair price shop on compassionate ground is finalized. Once the aforesaid provision has already been struck down by this Court and meanwhile, no Government order has been issued, then the claim set up by the petitioner is premature, at this stage.

In the facts and circumstances, no useful purpose would be served in keeping the writ petition pending and with the consent of the parties, the writ petition is disposed of finally asking the competent authority to proceed strictly, in accordance with law to decide the application so moved by the petitioner as expeditiously as possible and preferably within three months time from the date of production of copy of this order before him but certainly after affording opportunity to all stakeholders in the matter. "

In view of the aforesaid, it is argued by the counsel for the petitioner that since the petitioner is fulfilling all the criteria of aforesaid Government Order, she is entitled for the Fair Price Shop Licence on compassionate ground.

On the other hand, it is admitted by the learned Standing Counsel that competent authority in the matter is District Supply Officer. It is further argued that in case the petitioner will submit a fresh representation ventilating all her grievances along-with all the necessary papers and documents as the per the Government Order in question, the authority concerned will pass appropriate orders on the same, expeditiously.

In the facts and circumstances, no useful purpose would be served in keeping the writ petition pending and with the consent of the parties, the writ petition is disposed of finally asking the competent authority to proceed strictly, in accordance with law to decide the application so moved by the petitioner as expeditiously as possible and preferably within three months time from the date of production of copy of this order before him but certainly after affording opportunity to all stakeholders in the matter.

Order Date :- 23.8.2022

Swati