MUKUT BIHARI Vs. STATE OF U.P.

JUDGEMENT

(1.) This petition has been filed by the petitioner praying for quashing of the order dated 07.04.2018 passed by Sub Divisional Officer, Haiderganj, District Barabanki and for a prayer for issuance of a Mandamus commanding the opposite parties to proceed to consider candidature and appointment of the petitioner as dependent of the deceased fair price shop licensee for Gram Panchayat - Daulatpur, Block Trivediganj, Tehsil - Haidergarh, District Barabanki on compassionate ground.

(2.) Learned counsel for the petitioner while arguing the matter has submitted that initially the father of petitioner had been granted a fair price shop licence and he was running the fair price shop at Gram Panchayat - Daulatpur, but he died in harness during the subsistence of his licence.

(3.) The petitioner made an application that he is only son and legal heir of late Kanhaiya Lal on 06.01.2015 for grant of licence in terms of clause 10 (Jha) of the Government Order dated 17.08.2002. On the said application the Sub Divisional Magistrate directed the Block Development Officer to get an open general meeting of Gram Sabha held to consider the candidature of petitioner. When no action was taken, the petitioner again moved an application before the Sub Divisional Magistrate on 07.05.2016. When no heed was paid to his application, the petitioner approached this Court in writ petition No. 14712 (M/B) of 2016 (Mukut Bihari Vs. State of U.P. and others). This Court disposed off the said writ petition by its judgment and order dated 24.06.2016 directing the Sub Divisional Magistrate, Haidergarh to finalize the matter and pass appropriate orders within six weeks from the date of production of a certified copy of the order.