Allahabad High Court
Smt. Neeraj Verma vs State Of U.P. Thru. Prin. Secy. ... on 9 October, 2023
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:65034
Court No. - 8
Case :- WRIT - C No. - 150 of 2023
Petitioner :- Smt. Neeraj Verma
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Foods And Supply, Lko. And Others
Counsel for Petitioner :- Desh Raj Singh Yadav
Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
1. Heard the counsel for the petitioner and the learned Standing Counsel.
2. The present petition has been filed by the petitioner challenging the order dated 10.10.2022 whereby the fair price shop license granted to the petitioner was cancelled as well as the order dated 27.12.2022 whereby the appeal was dismissed.
3. The contention, in brief, is that the petitioner was allotted a fair price shop license, however, as the mother in law of the petitioner was elected as Gram Pradhan in the year 2021, by means of the impugned order, fair price shop license of the petitioner was cancelled on the ground that in terms of the Government Order dated 05.08.2019, there was a provision that in the event, a family member is elected as a Gram Pradhan, the family member of the said person cannot have a fair price shop license.
4. The submission of the counsel for the petitioner is that the Government Order dated 05.08.2019 was subsequently substantially amended on 28.02.2022 by a Government Order, contained in Annexure no.8 whereby it was clarified that the family member should be dependent on the head of the family. It was also stated that the daughter in law would also be considered as member but should also be dependent on the head of the family.
5. In the light of the said, he argues that it was incumbent upon the respondents authorities to have come to a conclusion that the petitioner, being the daughter in law, was also dependent on her mother in law who was elected as the Gram Pradhan, which has not been done. He specifically argues that it was specifically stated by the petitioner in the reply dated 19.09.2022 that the petitioner was not dependent on her mother in law and thus, the bar created by virtue of the Government Order dated 05.08.2019 would not apply in the case of the petitioner.
6. It bears from the record that a reply was called from the Block Development Officer, who stated that the petitioner was the daughter in law of Smt. Maya Devi who was elected as a Gram Pradhan in the year 2021 and both were staying in the same family. However, from the said, it cannot be deciphered conclusively whether the petitioner was dependent on her mother in law so as to attract the rigour of the Government Order dated 05.08.2019 amended on 28.02.2022.
7. The counsel for the petitioner has placed reliance on a judgment of this Court in the case of Diwakar Prasad and another vs. State of U.P. and others, PIL No.489 of 2022 decided on 10.08.2022 wherein the Court had the occasion to consider the amended definition of family through the Government Order dated 28.02.2022 and had clarified that for a daughter in law to fall within the definition of family, it is essential that the said conclusion be drawn along with the fact that the daughter in law is also dependent on the head of the family.
8. In the present case, in both the impugned orders, there is no such finding. In view of the statement of the petitioner that she was not dependent on the mother in law and as no finding whatsoever has been recorded despite specific pleading, the impugned orders cannot be sustained and are set aside. The matter is remanded to the SDM to pass a fresh order. While doing so, the SDM will specifically record, on the basis of the materials, as to whether the petitioner is dependent on her mother in law so as to attract harsh measure of cancellation of the fair price shop license. The SDM shall pass fresh the order in terms of the directions issued herein above within a period of two months from the date of filing of an appropriate application by the petitioner along with a copy of this order.
9. The writ petition stands disposed off.
Order Date :- 9.10.2023
VNP/-
