Court No. - 10
Case :- WRIT - C No. - 2085 of 2019 Petitioner :- Sunil Kumar Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vidhu Prakash Pandey Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Sri Bipin Bihari Pandey, learned Additional Chief Standing Counsel for the State respondents.
The petitioner is before this Court with request to issue direction to the second respondent, District Supply Officer, Prayagraj to appoint him as Fair Price Shop Dealer of Nagar Panchayat Phoolpur, Prayagraj on compassionate ground against the vacancy caused due to death of his mother.
Record in question reflects that the mother of the petitioner, who died on 03.10.2018, was licensee of fair price shop situated at Mohalla Jameelabad, Nagar Panchayat Phoolpur, Prayagraj. After the death of his mother, the District Supply Officer, Prayagraj vide order dated 5.10.2018 has cancelled her fair price shop licence. 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. Copy of the said application/representation dated 16.10.2018 filed before the third respondent has been filed as Annexure No.6 to the writ petition. 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 the case of the petitioner is squarely covered by the Government Order dated 17.8.2002 for making allotment of fair price shop in his favour under dying-in-harness but the same has not been complied with by the licensing authority. 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 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 Additional Chief 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 RKP