PRABHAWATI Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) The petitioner is the wife of late Markendey Ram, who was the licencee of fair price shop of village Chamradih, Tehsil Nizamabad, district Azamgarh. Markendey Ram died on 19.04.2012. The petitioner applied for the compassionate allotment of fair price shop under Clause 10 (Jha) of the Government Order dated 17.08.2002.

(2.) It is the contention of the petitioner that the respondent no.3, Sub Divisional Magistrate, Tehsil Nizamabad, district Azamgarh issued the direction to the Block Development Officer on 29.09.2012 to convene the meeting of Gram Panchayat but till date, the meeting has not been convened. In the writ petition, it is stated that in case of compassionate allotment, there is no requirement to convene the meeting of the Gram Panchayat and the case of the petitioner may be considered by the respondent no.3 only. However, this plea has been dropped by learned counsel for the petitioner.

(3.) Learned counsel for the petitioner submitted that till date no meeting has been convened by the Gram Panchayat and no resolution has been passed and necessary direction may be issued to the respondent no.3 to pass appropriate order for convening the meeting of the Gram Panchayat and for passing the necessary resolution.