MEERA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ramesh Kumar Ojha, learned counsel for the petitioner and learned Standing Counsel.

(2.) It appears that the petitioner's husband Sri Rajendra Singh was the licensee of the fair price shop of Gram Nagla Darua (Sargawan), Tehsil Sadar, Firozabad. Sri Rajendra Singh died on 31.8.2013 and after his death, the petitioner being the wife, applied for the licence of a fair price shop on a compassionate ground under Clause-10 (Jha) of the Government Order dated 17.8.2002.

(3.) It appears that some resolutions have been passed by the Gram Panchayat in favour of the petitioner. When the matter came for consideration before the Sub Divisional Magistrate, Firozabad, a complaint has been made by one Vidyaram son of Sri Vedram resident of Sargawan on 06.11.2013 to the extent that the resolution has been passed by Gram Panchayat without any order/direction of the Authority concerned. It appears that on the said complaint, the Sub Divisional Magistrate, Firozabad has directed for inquiry and it was found that resolution has been passed without any order of the Competent Authority. The Sub Divisional Magistrate, FIrozabad vide order dated 13.12.2013 has rejected the application for the allotment of the fair price shop on compassionate ground, on the ground that a resolution has been passed without any direction by the Competent Authority and further the reputation of Sri Rajendra Singh was not good and, therefore, no benefit under Clause-10 (Jha) can be given on a compassionate ground.