Court No. - 4
Case :- WRIT - C No. - 15 of 2021 Petitioner :- Akbari Begum Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Nirbhay Kumar,Abhishek Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and Sri Sanjay Ram Tripathi, learned Standing Counsel appearing for the respondents.
Present writ petition has been filed seeking a direction to the respondents to allot the fair price shop in favour of the petitioner on compassionate grounds and also direct the respondents no. 2 and 3 to take appropriate decision on the application of the petitioner.
As per the claim of the petitioner herself she is unmarried sister of the deceased fair price dealer. The prayer is that her claim may be considered for allotment of fair price shop dealership on compassionate grounds. Reliance has been placed on a Government Order dated 7.4.2004 to contend that unmarried sister who was dependent on fair price shop dealer is entitled for consideration of her claim for allotment of fair price shop dealership on compassionate grounds.
Learned Standing Counsel has rightly pointed out that all such Government Orders have been superseded by a latest Government Order dated 5th August, 2019 on the issue wherein the category of unmarried sister has been excluded from the definition of family in Clause 10 of the Government Order.
A perusal of the aforesaid Government Order clearly reveals that under the heading "IV" which provides for mandatory requirement of eligibility and conditions includes the definition of family wherein category of unmarried sister has been excluded from the definition of family.
In such view of the matter, issuing direction to the authority concerned to decide the claim of the petitioner would be a futile exercise. I am not inclined to issue any such direction in exercise of powers under Article 226 of the Constitution of India.
The writ petition is devoid of merit and is, accordingly, dismissed.
Order Date :- 8.1.2021 p.s.