Sarla Chauhan vs State Of Uttarakhand And Others
2023 Latest Caselaw 1999 UK

     HIGH COURT OF UTTARAKHAND AT
               NAINITAL
            Writ Petition (M/S) No.2146 of 2023
Sarla Chauhan                                           ....Petitioner

                                Versus

State of Uttarakhand and Others                 ....Respondents

Present:-
            Mr. Mohd. Safdar, Advocate for the petitioner.
            Mr. H.M. Raturi, D.A.G. for the State.

                            JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The challenge in this petition is made to order

dated 16.06.2023, by which an application filed by the

petitioner for developing a Fair Price Shop has been rejected.

2. Heard learned counsel for the parties and

perused the record.

3. It is the case of the petitioner that earlier, her

husband was allotted a Fair Price Shop in village Bhudwa

Saheed, Daulaltpur Hazratpur, Block Bhagwanpur, Tehsil

Bhagwanpur District Haridwar. After his death, the petitioner

applied for allotment of shop in her favour, but by the

impugned order, it has been rejected.

4. Learned counsel for the petitioner would submit

that the petitioner being widow of the earlier dealer is entitled

to apply for the allotment of Fair Price Shop in her favour. Her

application could have been entertained if her husband had a

goodwill in the society and his reputation was fine. It is

submitted that merely because in the Village Panchayat

Resolution, it has been concluded that the goodwill of the

husband of the petitioner was not upto the mark, the

application of the petitioner has been rejected. He would

submit that the petitioner or her husband has never been

involved in any criminal case.

5. The petitioner has no vested right to be allotted

Fair Price Shop. A Government Order dated 15.10.2005

provides that if the goodwill of the dealer has been up to the

mark, his widow may be allotted Fair Price Shop. The

impugned order reveals that to assess the goodwill, a meeting

of Gram Sabha is conveyed and based on the resolution,

action is taken.

6. In the instant case also, a meeting of Gram

Sabha took place in which it was resolved that the goodwill of

the husband of the petitioner was not upto the mark. Based

on it, the impugned order has been passed.

7. Having considered, this Court does not see any

reason to make any interference in this matter. Based on the

settled practice, the application of the petitioner has been

rejected. Accordingly, the writ petition deserves to be

dismissed at the stage of admission itself.

8. The petition is dismissed in limine.

(Ravindra Maithani, J.) 01.08.2023 Ravi Bisht