1. Heard learned counsel for the petitioner and Learned Standing Counsel appearing on behalf of the State Respondent.
2. The petitioner is aggrieved by the order dated 07.07.2021 by which her application for appointment as Fair Price Shop licensee of Gram Panchayat Pure Sabsukh, Block Mujehana, Tehsil Sadar, District Gonda, has been rejected.
3. Learned counsel for the petitioner submits that although the father of the petitioner and his two other brothers are alive, all of them are ineligible to apply. The father of the petitioner Suresh Kumar is high school fail and a First Information Report has been lodged against his two brothers, namely, Ramesh Kumar, Umesh Kumar and the brother of the petitioner, namely, Ravi Kumar, in Case Crime No.0017 of 2021 under Section 325, 323 and 504 I.P.C., P.S. Dhanepur, District Gonda and as per the Government Order dated 05.08.2019 they are ineligible for allotment of Fair Price Shop on compassionate grounds. The petitioner has applied for allotment of Fair Price Shop because the father of the petitioner as also his brothers and his son cannot apply in view of the Government Order dated 05.08.2019. The petitioner was also dependent upon the income of the Fair Price Shop being run by her grand father.
4. Learned counsel for the petitioner has placed reliance upon a judgment rendered by this court in Sunil Kumar Yadav Vs. State of U.P. and others on 03.09.2020 in Writ Petition No.130145 (M/S) of 2020, wherein in a similar case, this Court had observed, on the basis of observations made by the Co-ordinate Bench in Ashok Kumar Vs. State of U.P. in Writ Petition No.2899 (M/S) of 2015 that the definition of family can be enlarged to include such family members who are totally dependent on the deceased licensee; that the case of the writ petitioner therein be considered afresh.
5. This petition is disposed of with a direction to the Sub Divisional Magistrate Sadar, Gonda to consider the case of the petitioner afresh in the light of the observations made by this Court in its judgment and order dated 03.09.2020 passed in Writ Petition No.13015 (M/S) of 2020 and judgment and order dated 20.07.2016 passed in Writ Petition No.2899 (M/S) of 2015. The petitioner shall file copies of judgments referred to hereinabove along with a fresh representation before the Sub Divisional Magistrate Sadar, Gonda, within two weeks. On receipt of such representation, the Sub Divisional Magistrate Sadar, Gonda shall pass appropriate reasoned and speaking order within a further period of four weeks. Till the decision on the representation of the petitioner, or for a period of six weeks, whichever is earlier, the impugned order dated 07.07.2021 shall remain in abeyance.
Order Date :- 29.7.2021 Rahul