RAM MOHAN TYAGI Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of the present writ petition, the petitioner is challenging the order dated 19.8.2014 by which the claim of the petitioner for compassionate grant of licence for the fair price shop has been rejected.

(2.) The petitioner' father Jyoti Prasad was the licencee of Gram Panchayat Rahlai, Tehsil Kheragarh, District Agra. He died on 22.5.2014. The petitioner claimed the compassionate allotment of a fair price shop under the Government Order dated 17.8.2002. It appears that when the case of the petitioner has not been considered, the petitioner filed Writ Petition No. 37387 of 2014 on which the Sub-Divisional Magistrate was directed to decide the application of the petitioner within four weeks. In pursuance thereof, the application of the petitioner has been decided and rejected. The S.D.M. has rejected the application on the following grounds:

(3.) Learned counsel for the petitioner submitted that on the application being moved, S.D.M., Kheragarh has asked the Khand Vikas Adhikari to take necessary step in pursuance of the Government Order, but without getting any inquiry report from the Khand Vikas Adhikari about the conduct and popularity of late Jyoti Prasad on the basis of the inquiry, the impugned order has been passed rejecting claim of the petitioner. He submitted that popularity of the deceased is to be verified from the general public which has not been done in view of clause (Jha) of the Government Order dated 17.8.2002, therefore the impugned order is not justified.