Allahabad High Court
Ram Shiv Verma vs State Of U.P. And 2 Others on 9 November, 2020
Author: Manoj Kumar Gupta
Bench: Manoj Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 35 Case :- WRIT - C No. - 16701 of 2020 Petitioner :- Ram Shiv Verma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J.
The instant petition has been filed by the petitioner claiming preferential right of allotment of fair price shop dealership of village Kotwa, Block Gadwar, District, Ballia.
The case of the petitioner is that he and his mother were dependent upon Ram Kripal Verma, the erstwhile fair price shop licensee, who died on 1.5.2020. Consequently, the petitioner is entitled to the shop being allotted in his name.
Government Order dated 5.8.2019 confers right upon dependent members of family of a deceased fair price shop dealer to get the shop allotted in their favour in preference to others, subject to fulfilment of eligibility conditions laid down therein. The 'family' is also defined in the said Government Order. It consists of the head of the family, the spouse, dependent children, including adopted one, legally separated married daughter and dependent parents.
In the entire writ petition, the petitioner has not disclosed his relationship with the deceased fair price shop dealer Ram Kripal Verma. It is alleged that he had left a Will in favour of the petitioner and his mother. However, the Will may entitle the petitioner to inherit the movable and immovable properties, but will not result in bringing him within the ambit of definition of 'family'.
Learned counsel for the petitioner points out that in the Will, it is stated that the petitioner is the son of Smt. Panmati Devi (the wife of brother-in-law of the deceased). The relationship in vernacular language is called 'Sarhaj'. But, the Government Order does not include such a person within the definition of 'family', therefore the petitioner cannot claim any preferential right to get the shop allotted in his name. He can of course, apply like an ordinary person and in which event, it goes without saying that his claim would be considered at par with others.
The petition stands disposed of accordingly.
(Manoj Kumar Gupta,J.) Order Date :- 9.11.2020 Jaideep/-