LALTA PRASAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Mohan Lal Pandey learned counsel for the petitioner.

(2.) The petitioner is physically challenged and is under the schedule caste category. He contends that earlier the shop was allotted under the said category to a person who unfortunately died. Now the Sub Divisional Magistrate has passed an order on 21.6.2014 which is impugned herein extending the benefit of compassionate license to the respondent no. 6 who is the son of the late license holder.

(3.) The contention of Sri Mohan Lal Pandey is that the respondent no. 6 does not belong to the physically challenged category and according to the Government Order dated 17.8.2002 the shop which is meant for such category cannot be allotted to any other category. He submits that after the death of the earlier licensee the status of the shop continues to be that of the physically challenged category and accordingly the respondent no. 6 is not entitled on compassionate basis to get the said license.