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2014 DIGILAW 3544 (ALL)

PRABHAWATI v. STATE OF U. P.

2014-11-28

RAJES KUMAR, SHASHI KANT

body2014
JUDGMENT By the Court.—The petitioner is the wife of late Markendey Ram, who was the licencee of fair price shop of village Chamradih, Tehsil Nizamabad, district Azamgarh. Markendey Ram died on 19.4.2012. The petitioner applied for the compassionate allotment of fair price shop under Clause 10 (Jha) of the Government Order dated 17.8.2002. 2. It is the contention of the petitioner that the respondent No. 3, Sub Divisional Magistrate, Tehsil Nizamabad, district Azamgarh issued the direction to the Block Development Officer on 29.9.2012 to convene the meeting of Gram Panchayat but till date, the meeting has not been convened. In the writ petition, it is stated that in case of compassionate allotment, there is no requirement to convene the meeting of the Gram Panchayat and the case of the petitioner may be considered by the respondent No. 3 only. However, this plea has been dropped by learned counsel for the petitioner. 3. Learned counsel for the petitioner submitted that till date no meeting has been convened by the Gram Panchayat and no resolution has been passed and necessary direction may be issued to the respondent No. 3 to pass appropriate order for convening the meeting of the Gram Panchayat and for passing the necessary resolution. 4. Learned Standing Counsel submitted that let a direction be issued to the respondent No. 3 for calling an open meeting of the Gram Panchayat for the consideration of the claim of the petitioner. 5. We have heard the rival submissions and perused the record. 6. The complete procedure for the settlement of the fair price shop is provided under the Government Order dated 17.8.2002. Clause (7) of the aforesaid Government Order provides that the fair price shop be settled by passing the resolution in the open meeting of the Gram Panchayat and the same may be forwarded to the panel, headed by the Sub Divisional Magistrate for final decision. Clause 10 (Jha) of the aforesaid Government Order provides for the compassionate allotment to the dependent of the deceased licencee, in case, if the reputation of the deceased licencee is good. In the meeting, the Gram Panchayat is to be examined that whether the reputation of the deceased licencee was good or not for compassionate allotment. Clause 10 (Jha) of the aforesaid Government Order provides for the compassionate allotment to the dependent of the deceased licencee, in case, if the reputation of the deceased licencee is good. In the meeting, the Gram Panchayat is to be examined that whether the reputation of the deceased licencee was good or not for compassionate allotment. Clause (11) of the aforesaid Government Order further provides that where the Gram Panchayat is not passing the resolution and where the dispute arises in passing the resolution, in the public interest of such Gram Panchayat, the District Magistrate of the district has power to settle the fair price shop and he can give a direction to allot the shop by convening the meeting, headed by the Sub Divisional Magistrate concerned. 7. On 30.5.2014, this Court has directed that the case of the petitioner may be considered in open meeting of the Gram Panchayat as directed by the Sub Divisional Magistrate. On 11.11.2014 this Court has again directed the learned Standing Counsel to bring on record the facts as to whether any resolution has been passed by the Gram Sabha in pursuance of the order dated 30.5.2014 passed by this Court. 8. Learned counsel for the petitioner states that no resolution has been passed till today. 9. Learned Standing Counsel is not able to inform to the Court that whether any resolution has been passed or not. 10. In para 7 of the counter-affidavit, filed by Sri Manoj Kumar Singh, District Supply Officer, Azamagarh, it is stated that since Block Development Officer, Mirzapur has not passed the proposal as per the rules, therefore a reminder letter dated 13.12.2013 was also send to him but he had not send any passed proposal. In para 8 of the aforesaid counter-affidavit, it is stated that as per clause 7 of the Government Order dated 17.8.2002 for appointment of fair price shop dealer, a proposal shall be passed in an open meeting of the Gram Sabha. Since the Block Development Officer, Mirzapur has not passed proposal therefore the appointment of respondent No. 3 is not possible at this stage. 11. On these facts, it appears that the Block Development Officer, Mirzapur has not send the proposal to the Gram Panchayat for passing the resolution considering the claim of the petitioner for compassionate allotment. 12. Since the Block Development Officer, Mirzapur has not passed proposal therefore the appointment of respondent No. 3 is not possible at this stage. 11. On these facts, it appears that the Block Development Officer, Mirzapur has not send the proposal to the Gram Panchayat for passing the resolution considering the claim of the petitioner for compassionate allotment. 12. On the aforesaid facts and circumstances, we direct the respondent No. 3, Sub Divisional Magistrate, Tehsil Nizamabad, district Azamgarh to direct the Block Development Officer, Mirzapur to convene the open meeting of Gram Panchayat, within two weeks from the date of presentation of the certified copy of this order, for consideration of the claim of the petitioner for compassionate allotment under the Government Order dated 17.8.2002 and to pass resolution in this regard and in case, if the resolution is not being passed within the stipulated period, the District Magistrate, Azamgarh is directed to exercise its power under Clause (11) of the Government Order dated 17.8.2002 and in any view of the matter, the final decision may be taken within a period of six weeks from the date of presentation of the certified copy of this order to the respondent No. 3, Sub Divisional Magistrate, Tehsil Nizamabad, district Azamgarh and to the District Magistrate, Azamgarh. 13. With the aforesaid direction, the writ petition stands disposed of. ——————