BALWAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Sri Manish Goyal, learned counsel for the petitioner along with Ankita Jain for the petitioner and Sri Pradeep Kumar for respondent no. 7 along with Sri S.S. Chauhan and learned Standing Counsel for the remaining respondents.

(2.) The fair price shop in the concerned village was allotted to Munna Lal who died in February, 2015. Since a vacancy was created, four applicants applied for allotment of the shop including the widow of Munna Lal namely Smt. Archana Devi., respondent no. 7. The claim of respondent no. 7 on compassionate grounds was required to be considered in view of clause 10(jha) of the Government order dated 17.8.2002. The Gram Panchayat met on 15.4.2015 and passed a resolution recommending the name of the petitioner for allotment of the shop. The Sub Divisional Magistrate did not agree with the resolution and instead passed the impugned order allotting the shop in favour of the respondent no. 7 on compassionate grounds under the Government order on 17.8.2002. The petitioner being aggrieved by the said allotment order has filed the present writ petition.

(3.) Having heard the learned counsel for the parties, we are of the opinion that since no factual controversy is involved, the present writ petition can be decided on merits without calling for a counter affidavit.