PUSHPA DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner, Sri D.K. Tiwari, learned Additional Chief Standing Counsel for the State- respondents.

(2.) By way of present petition, petitioner is challenging the order dtd. 17/6/2021 passed by respondent no. 3 contained as Annexure no. 1 to the writ petition, rejecting the application of the petitioner for allotment of fair price shop and also Government Order dtd. 5/8/2019 issued by the Special Secretary, Government of U.P., Lucknow contained as Annexure no. 8 to the writ petition.

(3.) Learned counsel for the petitioner submitted that petitioner is widowed daughter-in-law of late Mahadei Devi, who was earlier allotted fair price shop. He further submitted that husband of the petitioner namely Bablu died in a road accident leaving behind the petitioner as well as two daughters aged about 11 years and 6 years. Petitioner and her daughters are fully dependent upon late Mahadei Devi, earlier fair price shop holder, who died on 11/4/2021. Succession certificate was also issued by Gram Pradhan on 30/6/2021 mentioning therein that petitioner is legal heir of late Mahadei Devi wife of late Killu Yadav. She is Intermediate passed and is eligible for allotment of fair price shop. He next submitted that after death of mother-in-law, there is no other male or female member for compassionate allotment under succession. Therefore, being legal heir (daughter-in-law, widowed), petitioner submitted an application dtd. 6/5/2021 for allotment of fair price shop in place of late Mahadei Devi. The said application of the petitioner was rejected by respondent no. 3 vide order dtd. 17/6/2021 only on the ground that widowed daughter-in-law does not come within the purview of 'family' as defined in Paragraph IV(10) of the Government Order dtd. 5/8/2019. He next submitted that Paragraph IV(10) of the said Government Order includes unmarried, legally separated and widowed daughter, but excludes daughter-in-law, widowed or not, without any reason.