SAMIULLAH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Ashish Kumar Srivastava, learned counsel for the petitioner, Sri H.N. Shukla learned counsel appearing for respondent No. 7 and the learned Standing Counsel.

(2.) COUNTER and rejoinder-affidavits have been exchanged and the writ petition is being finally decided by consent of the learned counsel for the parties.

(3.) LEARNED counsel for the petitioner, challenging the order, has contended that respondent No. 7 is the wife of brother of present Pradhan of the village, hence she was disqualified to be appointed as fair price shop dealer in view of the Government order dated 3rd July, 1990. It is submitted that respondent No. 7 being disqualified allotment in her favour is illegal and is liable to be set-aside. He further submits that brother's wife is also included within the definition of family as contemplated under paragraph 4.7 of the Government order dated 3rd July, 1990. LEARNED counsel for the petitioner also submits that there was no proper Munadi for the meeting of the Gaon Sabha, hence the order deserves to be set-aside.