Allahabad High Court
Jayant Kumar vs State Of U.P. And 2 Others on 2 September, 2022
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 9 Case :- WRIT - C No. - 25486 of 2022 Petitioner :- Jayant Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamlesh Kumar Tiwari Counsel for Respondent :- CSC Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner & learned Standing Counsel for respondents.
The petitioner has preferred the present writ petition inter-alia with the following prayer:-
"Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent no. 3 to consider the claim of the petitioner and allotted license of the fair price shop of the village Garahi, Block Gagaha, Tehsil Bansgaon, District Gorakhpur within stipulated time within stipulated time."
Fact in brief as contained in the writ petition are that father of the petitioner was fair price shop dealer and was running a fair price shop situated in Village Garahi, Block Gagaha Tehsil Bansgaon District Gorakhpur. Unfortunately the father of the petitioner was died on 23.11.2022. After his death, the petitioner submitted an application for allotment of fair price shop on 02.12.2020 before the Commissioner, Gorakhpur Division Goarakhpur, copy of the same is appended as Annexure No.4 to the present writ petition. The aforesaid application was duly forwarded by the Commissioner, Gorakhpur Division Gorakhpur to the respondent No.3/Sub Divisional Magistrate, Bansgaon District Gorakhpur to do needful in the matter as per Government Order dated 05.08.2019. It is argued that the Clause V of the Government Order provides that the fair price shop license should be granted to the dependent of the deceased license holder It is argued by the counsel for the petitioner that since the petitioner is fulfilling all the criteria of aforesaid Government Order, he is entitled for the Fair Price Shop License on compassionate ground. It is argued by learned counsel for the petitioner that the petitioner has been filed the application within prescribed period along with all necessary documents and papers but till date no action has been taken in the matter. The relevant provisions of the Government Order dated 05.08.2019 regarding compassionate ground is quoted below:-
"(V) ???? ?? ???????? ?? ?????? ?? ??????? ???? ?????? ?? ??? ??? ???? ?? ??????? ?? ???????? ?? ??????? ??? ????????? ?? ????????:-
(1) ???? ?????? ?????? ???????? ?? ?????? ?? 30 ??? ?? ???? ???? ?? ????? ?? ????? ???? ???? ?????? ???? ?? ?????? ???? ??? ?????? ?? ???? ????? ??????? ?? ???????? ?????? ???? ???? ?? ?????????? ?? ????????? ???? ???????? ???? ???????
(2) ???? ?????? ?????? ?? ??????? ???? ?? ???????? ?? ??? ?? ???????? ???? ?????? ?????? ?????? ?????? ???????? ?? ?? ?? ???????? ?? ??????? IV ?? ?????? ??, ?? ????? ?????
(3) ???? ?????? ?? ??? ??? ???? ?? ??????? ??? ???????? ???? ?????? ?? ???????? ?? ???????? ?? ??????? IV (??) ?? ?????? ????
(4) ???? ?????? ?? ??? ?? ???????? ?? ????????? ???? ??? ???? ???? 30 ??? ?? ???? ?? ?????? ?????? 15 ??? ?? ???????? ??? ???? ??????
(5) ???? ?????? ?????? ?? ??????? ?????? ?? ??????? ?? ????? ????? ???? ?? ??????? ????? ?????? ??? ????? ?????? ???? ?????? ? ????? ???? ?????? ?? ??????? ?? ?????? ???? ??? ?????? ?? ???? ????? ??????? ?? ???????? ?????? ???? ??? ???? ???????? ?? ??????? ?????
(6) ????? ?????? ??? ????? ?? ?????????????? ????? ??? ??? ????? ????? ???? ?? ?????? ??? ????? ?????? ??? ????? ?? ???????? ?? ???? ?? ???? ???????? ?? ????? ?? ????? ???? ???????
(7) ???????? ?????? ?? ??????? ????? ?? ???????? ?? 02 ??? ?? ???? ?? ???? ???????"
Learned counsel for the petitioner relied upon a judgement of this Court passed in Writ C No. 2085 of 2019 (Sunil Kumar Gupta vs. State of U.P. and 3 others) decided on 22.01.2019 in support of his case.
In the facts and circumstances of the case and provisions of the aforesaid Government Order as well as the law laid down by a co-ordinate bench of this Court in Writ C No. 2085 of 2019 (Sunil Kumar Gupta vs. State of U.P. and 3 others) decided on 22.01.2019, this petition is disposed of directing the respondent No.3/Sub Divisional Magistrate, Bansgaon District Gorakhpur to pass appropriate order on the application dated 02.12.2020 as per Government Order dated 05.08.2019 and forward the matter to the Tehsil Level Selection Committee within three weeks from the date of production of certified copy of this order and the Tehsil Level Selection Committee will decide the matter most expeditiously and preferably within four weeks thereafter.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 2.9.2022 saqlain