Court No. - 10
Case :- WRIT - C No. - 2254 of 2019 Petitioner :- Dinesh Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudhir Kumar Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Sri Sanjay Kumar Singh, learned Standing Counsel for the State respondents.
By means of present writ petition, request has been made for issuing a direction to the third respondent to decide the representation dated 17.12.2018 moved by the petitioner within stipulated period as fixed by this Hon'ble Court. With further prayer commanding the respondents to grant fair price shop licence in favour of the petitioner as per Government Order dated 17.8.2002.
Record in question reflects that father of the petitioner late Desraj Singh, who died on 13.12.2018, was licensee of fair price shop situated at Gram Panchayat Senpur, Block Bhitaura, Tehsil and District Fatehpur since long time. 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 but 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 case of the petitioner is squarely covered by the Government Order dated 17.8.2002 for making allotment of fair price shop in favour of the petitioner under dying-in-harness but the same has not been complied with by the third respondent. 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, which is wholly ignored by the third respondent 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 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.
Order Date :- 22.1.2019 A. Pandey