Disposed

Riya Gautam v. State of U.P. and 3 Others

Allahabad HC26 Aug 2022WRIC/24382/2022

Case brief

AI extract

What is this about?

This writ petition sought a direction to allot a Fair Price Shop license on compassionate grounds to the petitioner following her father's death. The court relied on a co-ordinate bench judgment and directed the petitioner to submit grievances before the District Supply Officer for a speedy decision.

What did the court decide?

The petitioner was directed to submit a fresh representation before the District Supply Officer, who was directed to forward the matter to the District Level Committee for speedy disposal.

Riya Gautam Vs State of U.P. and 3 Others — Pension and Retirement Benefits | Allahabad HC (2022)

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Court No. - 9

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Case :- WRIT - C No. - 24382 of 2022

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Petitioner :- Riya Gautam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nikhil Kumar,Prashant Kanha Counsel for Respondent :- C.S.C.

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Hon'ble Prakash Padia,J.

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Today, the Advocates are abstaining from work, though learned Standing Counsel for State-respondent is present.

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The petitioner has preferred the present writ petition with the following prayer:-

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"Issue, a writ, order or direction in the nature of mandamus commanding the respondent no.3 to grant the license of Fair Price Shop on compassionate ground to the petitioner.

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Issue, a writ, order or direction in the nature of mandamus commanding the respondent no.2 to pass appropriate and reasoned order on the application dated 08.08.2022 filed by the petitioner before the respondent no.2 in a reasonable time frame as may be fixed by this Hon'ble Court preferably within a period of one month."

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Fact in brief as contained in the writ petition are that father of the petitioner was running a fair price shop situated in Village Indergadhi Block Razapur Tehsil and District Ghaziabad since 1998. Unfortunately the father of the petitioner was died on 29.04.2021. The father of the petitioner was only earning member of the family and the source of income is the aforesaid fair price shop. It is stated in paragraph 9 of the writ petition that the Government order dated 05.08.2019 issued by the State Government in which provisions have been contained for allotment of the fair price shop on compassionate ground, copy of aforesaid Government Order is appended as Annexure No.4 to the writ petition. It is argued that the mother of the petitioner namely Smt. Geeta filed application on 27.05.2021 before the respondent No.3 for allotment of fair price shop on compassionate ground but the same was rejected by the respondent No.4 vide order dated 13.09.2021 on the ground that the mother of the petitioner was passed High School Examination from Madhyamic Avam Takniki Shiksha Parishad Board Punjab which was not recognized by the U.P. Board. After the aforesaid order was passed, the petitioner filed an application on 11.11.2021 for

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allotment of the fair price shop before the respondent Nos.3 & 4.

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It is argued that along with the application, the petitioner submitted all her papers and documents stating therein that she is fully eligible for allotment of the shop as per Government Order. Since no action has been taken, as such another application dated 08.08.2022 was submitted by the petitioner before the respondent No.2 and the respondent No.2 on the said application directed to respondent No.4 to take appropriate action as per rules and submit its report. In view of the aforesaid, it is argued by the counsel for the petitioner that since the petitioner is fulfilling all the criteria of aforesaid Government Order, she is entitled for the Fair Price Shop License on compassionate ground. The relevant provisions of the Government Order dated 05.08.2019 regarding compassionate ground is quoted below:-

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(V) उचचित दर चविकቅኔतता ककी ममृत्यय कቅኔ उपरतान्त ममृतक आशቦኌत कቅኔ रूप मम उचचित दर दयकतानोሪ ककी चनययचሹኌ कቅኔ सम्बन्ध मम ्ቚचकयता कता चनधता቗ኋरण

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(1) ममृतक आशቦኌत टतारता चविकቅኔतता ककी ममृत्यय कቅኔ 30 चदन कቅኔ भभीतर उचचित दर दयकतान कቅኔ आविवंटन हቅኔतय ममृतक आशቦኌत हहोनቅኔ कቅኔ ्ቚमताण प्ቔ तथता पररवितार कቅኔ अन्य बताशलिग सदस्योሪ कቅኔ अनतापशቈኌ ्ቚमताण प्ቔ सचहत उप शजिलिताशधकतारभी कहो ्ቚताथ቗ኋनता प्ቔ ्ቚस्तयत चकयता जितायቅኔगता।

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(2) ममृतक आशቦኌत कቅኔ रुप मम उचचित दर दयकतानोሪ मम चनययचሹኌ हቅኔतय पररवितार कता ततात्पय቗ኋ इस शतासनतादቅኔश कቅኔ ्ቚस्तर IV (१०) कቅኔ अनयसतार हहोगभी

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(3) ममृतक आशቦኌत कቅኔ रूप मቅኔ अभ्यथቕኍ कहो ्ቚताथ቗ኋनता प्ቔ चदए जितानቅኔ हቅኔतय ३० चदन ककी अविशध कቅኔ उपरतावंत अशधकतम १५ चदन कता अचतररሹኌ समय चदयता जितायቅኔगता ।

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(4) ममृतक आशቦኌत ቦኌቅኔणभी कቅኔ अवंतग቗ኋत आशቦኌत कቅኔ पता्ቔतता ककी शतर पपूण቗ኋ करनቅኔ कता परभी्ቌण जिनपद स्तरभीय चियन सचमचत दतारता चकयता जितायቅኔगता । सचमचत ममृतक आशቦኌत कቅኔ सम्बन्ध मቅኔ ्ቚमताण प्ቔ तथता पररवितार कቅኔ अन्य बताशलिग सदस्योሪ कቅኔ अनतापशቈኌ ्ቚमताण प्ቔ एविवं अन्य अचभलिቅኔखोሪ कता परभी्ቌण करቅኔगभी

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(5) जिनपद स्तरभीय चियन सचमचत कቅኔ परभी्ቌणहोपरतान्त आविቅኔदन मम सभभी शतर पपूण቗ኋ हहोनቅኔ ककी सस्थचत मम जिनपद स्तरभीय चियन सचमचत ककी सवंस्तयचत कቅኔ आधतार पर ममृतक आशቦኌतोሪ कहो दयकतान कता आविवंटन चकयता जितायቅኔगता।

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(6) सम्पपूण቗ኋ ्ቚकरण कता चनस्ततारण आविቅኔदन ककी ्ቚताच቎ኌ कቅኔ 02 मताह कቅኔ भभीतर कर शलियता जितायቅኔगता।

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Lerned counsel for the petitioner relied upon a judgement of this Court passed in Writ C No. 2085 of 2019 (Sunil Kumar Gupta vs. State of U.P. and 3 others) decided on 22.01.2019 in support of his case.

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In the facts and circumstances of the case and provisions of the aforesaid Government Order as well as the law laid down by a co-ordinate bench of this Court in Writ C No. 2085 of 2019 (Sunil Kumar Gupta vs. State of U.P. and 3 others) decided on 22.01.2019, this petition is disposed of directing the petitioner to submit fresh representation ventilating all her grievances before the District Supply Officer concerned within three weeks from today. If the aforesaid representation is filed within time, the District Supply Officer concerned will forward the matter to the District Level Committee within two weeks thereafter and the District Level Committee will decide the matter most expeditiously and preferably within three weeks thereafter.

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With the aforesaid observations, the writ petition is disposed of. Order Date :- 26.8.2022 saqlain

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Digitally signed by SYED MOHAMMAD SAQLAIN HAIDER Date: 2022.08.31 11:09:34 IST Reason: Location: High Court of Judicature at Allahabad

Riya Gautam v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Riya Gautam v. State of U.P. and 3 Others

Case brief

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What did the court decide?

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