RAMENDRA KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Standing Counsel and perused the records.

(2.) The instant writ petition has been filed challenging the order dated 13.7.2016, passed by opposite party No. 3, copy of which is annexed as Annexure-1 to the writ petition, whereby the fair price shop licence has been granted in favour of opposite party No.5/Smt. Kamla Devi giving her preference of being the widow of deceased licencee late Rajendra Singh.

(3.) Learned counsel for petitioner submits that the licence of fair price shop for Village Talauli, Tehsil Sandila, District Hardoi has been settled in favour of opposite party No.5 without calling any open meeting of gram panchayat and without getting any proposal in favour of opposite party No. 5. It is submitted that opposite party No.5 being the wife of erstwhile licencee had claimed allotment of fair price shop in question on compassionate grounds, however, the same could be granted only after getting the proposal in the open meeting of gram panchayat which was not done in the present case, as such, the same is not sustainable in the eyes of law.