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2015 DIGILAW 1315 (ALL)

BALWAN SINGH v. STATE OF U. P.

2015-05-21

AMAR SINGH CHAUHAN, TARUN AGARWALA

body2015
JUDGMENT By the Court.—We have heard Sri Manish Goyal, learned counsel for the petitioner alongwith Ankita Jain for the petitioner and Sri Pradeep Kumar for respondent No. 7 alongwith 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. 4. The law on this issue has been settled by a series of decisions of this Court namely Shiv Kumar v. UP Ziladhikari Chakiya and others, 2014(8) ADJ 693 (DB), Subhash v. State of U.P. and others, 2015 (3) ALJ 144 and a recent decision of this Bench in Writ Petition No. 38150 of 2014 (Kamta Prasad v. State of U.P. and three others) in which it was held that the assessment as to the reputation of the deceased license holder and his goodwill has to be gathered only from the resolution of the open meeting of the Gaon Sabha. 5. In the instant case, we find from the resolution of the Gram Sabha dated 15.4.2015 that the members of the Gaon Sabha did not consider the reputation and goodwill of the deceased license holder namely the husband of the Archna Devi. Consequently, to that extent, the resolution of the Gram Sabha dated 15.4.2015 has not been correctly passed. 5. In the instant case, we find from the resolution of the Gram Sabha dated 15.4.2015 that the members of the Gaon Sabha did not consider the reputation and goodwill of the deceased license holder namely the husband of the Archna Devi. Consequently, to that extent, the resolution of the Gram Sabha dated 15.4.2015 has not been correctly passed. Further the Sub Divisional Magistrate was not justified in allotting the shop in favour of the respondent No. 7, since resolution, if any, is required to be passed by the Gram Sabha after assessing the reputation and goodwill of the deceased license holder. The Sub Divisional Magistrate through the Tehsil Level Committee or on its own cannot grant an allotment order on compassionate grounds. 6. We find that a large number of writ petitions are being filed wherein the Sub Divisional Magistrate is passing an order for allotment of the shop on compassionate grounds inspite of the fact that the Court is repeatedly holding that the allotment of the shop on compassionate ground can only be done through a resolution passed by the Gaon Sabha in an open meeting. 7. Consequently, for the reasons stated aforesaid, the impugned order dated 30.4.2015 passed by the Sub Divisional Magistrate allotting the shop in favour of the respondent No. 7 as well as the order of the Tehsil Level Committee dated 25.4.2015 and the resolution of the Gram Sabha dated 15.4.2015 are all quashed. The writ petition is, accordingly, allowed. 8. The Sub Divisional Magistrate is directed to place all the applications received afresh before the Gaon Sabha on a date fixed by him for reconsideration of the matter. The application of respondent No. 7 on compassionate grounds will also be considered by the Gram Sabha. Such exercise shall be carried out by the Sub Divisional Magistrate within four weeks. 9. We also direct the Principal Chief Secretary (Food and Civil Supply) to issue a circular to all the appointing authorities bringing to their knowledge the decisions of the Court as stated aforesaid. Such circular should be issued within six weeks from today. Certified copy of this order shall be sent by the learned Standing Counsel to the Principal Chief Secretary (Food and Civil Supply). 10. The registry is also directed to send a certified copy of this order to the Principal Chief Secretary (Food and Civil Supply) within a week from today. ——————