Allahabad High Court
Smt. Aarti Devi vs State Of U.P. Thru. Addl. Chief ... on 19 October, 2022
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 19
Case :- WRIT - C No. - 7350 of 2022
Petitioner :- Smt. Aarti Devi
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Food And Civil Supply, Lucknow And 4 Others
Counsel for Petitioner :- Dinesh Kumar Ojha,Abhishek Mishra
Counsel for Respondent :- C.S.C.,Pankaj Gupta
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the petitioner and Sri G.K. Pathak, learned Addl. Chief Standing counsel for the State-respondents and Sri Pankaj Gupta, learned counsel for the Village Panchayat.
The present petition has been filed for the following main reliefs:-
"(i) Issue a writ order or direction in the nature of mandamus thereby commanding and directing the opp. parties to take cognizance on the application dated 02.12.2022 presented by the petitioner for allotment of the fair price shop license under dying-in-harness rules in pursuance of govt. order dated 15.02.2019 against the vacancy caused due to death of her father-in-law Ram Samujh son of Mohan of the Village Panchayat- Asthara Block- Mangraura, Tehsil- Patti, District- Pratapgarh within the period so stipulated by this Hon'ble Court, which is contained as annexure no. 1 with this petition, in the interest of justice.
"(ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the opp. party no. 3 to take the decision on the application submitted by the petitioner and conduct the inquiry in pursuance of the order dated 01.04.2022 passed by Sub-Divisional Officer, Tehsil- Patti, District- Pratapgarh for allotment of fair price shop in favour of daughter-in-law of the deceased fair price shop dealer on the compassionate ground of the Village Panchayat- Asthara Block- Mangraura, Tehsil- Patti, District- Pratapgarh, which is contained as annexure no. 5 with this petition."
It is stated by the learned counsel for the petitioner that father-in-law of petitioner namely Ram Samujh, in whose favour a license of fair price shop situated at Village Panchayat- Asthara Block- Mangraura, Tehsil- Patti, District- Pratapgarh was granted, had expired on 28.10.2021. Thereafter, the petitioner preferred an application dated 02.12.2021 for the purposes of getting the fair price license in the light of Dying-in-Harness Scheme of State Government. He submitted that this application was entertained by the competent Authority and the said Authority directed the petitioner to submit certain documents. In this regard, reliance has been placed on Annexure No. 3 to this petition. He further stated that in response to Annexure No. 3, the petitioner completed all the formalities as would appear from Annexure No. 6 (copy of representation of the petitioner preferred before the District Magistrate- Pratapgarh), which was received in the Office of respondent No. 3/Sub Divisional Magistrate, Tehsil- Patti, District- Pratapgarh. He further submitted that in view of judgment dated 02.03.2022 of this Court passed in Writ-C No. 649 of 2022, the petitioner, being the daughter-in-law of fair price shop license holder, is entitled to have the license in her favour. However, till date the final decision has not been taken by the competent Authority on the application of the petitioner.
Sri G.K. Pathak, learned Addl. Chief Standing counsel for the State-respondents stated that the competent Authority would taken the decision in the matter in reasonable time as would be specified by this Court.
In view of aforesaid, this petition is disposed of with a direction to respondent No. 3/Sub Divisional Magistrate, Tehsil- Patti, District- Pratapgarh to decide the issue finally by a speaking and reasoned order within a period of one month from the date of production of certified copy of this order.
Order Date :- 19.10.2022
Arun/-
