JUDGMENT Ritu Raj Awasthi,J. Notice on behalf of opposite parties no.1 to 4 has been accepted by learned Chief Standing Counsel, whereas Mr. Jai Kumar, Advocate has accepted notice on behalf of opposite party no.5. 2. For the orders proposed, there is no need to issue notice to opposite party no.6, as such, notice to opposite party no.6 is dispensed with. 3. Heard learned counsel for the parties and perused the records. 4. The instant writ petition has been filed seeking quashing of order dated 6.6.2016, whereby the opposite party no.3/Sub Divisional Magistrate, Mankapur, Tehsil Mankapur, District Gonda has directed the opposite party no.4/Block Development Officer, Babhanjot, Vikas Khand Babhanjot, District Gonda to get a proposal passed by the Gram Panchayat concerned for considering the name of opposite party no.6/Smt. Sukhraji wife of late Babu Ram for grant of fair price shop licence as opposite party no.6 is wife of deceased licencee and is entitled to get preference in view of Government Order dated 17.8.2002. 5. Learned counsel for the petitioner submits that the gram panchayat concerned is reserved for scheduled caste category and, as such, the allotment of fair price shop licence for said gram panchayat is to be made only from the said category. The opposite party no.6 does not belong to scheduled caste and, as such, not eligible to be considered for grant of fair price shop licence in question. It is submitted that by the impugned order the opposite party no.3 has in fact decided the grant of fair price shop licence for the shop in question and there is no meaning of holding any open meeting of gram panchayat for that purpose. 6. Learned Standing Counsel, on the other hand, submits that opposite party no.6 is the widow of deceased licencee Babu Ram and in view of Government Order dated 17.8.2002 she is entitled to be considered for the grant of fair price shop licence in question being the dependent of ex-sitting licencee. It is submitted that the provision of reservation in the grant of fair price shop licence is to be applied where the fair price shop is open for general selection and in such cases where the sitting licencee has died and he was carrying a good reputation, the said liecence is to be granted to one of the dependents of deceased licencee who is either wife or unmarried daughter or son. 7. 7. I have considered the submissions made by parties' counsel and gone through the records. 8. The Government Order dated 7.8.2002, copy of which is annexed as Annexure-3 to the writ petition provides the procedure for allotment of fair price shop licence. As per provision under para 10-(Jha) in case a sitting licencee dies, having good reputation, the grant of fair price shop licence shall be considered and granted to one of his/her dependents. The dependent means wife, son or unmarried daughter. It is not the dispute that Babu Ram was the sitting licencee of fair price shop in question and had died while his licence was fully intact. He was carrying good reputation and, as such, respondent no.6 was fully eligible to be considered for grant of fair price shop licence in question. 9. The only question for consideration is whether the fair price shop in question was to be reserved for the scheduled caste category as claimed by petitioner and whether only a scheduled caste candidate could be given the fair price shop licence ignoring the right of preference of opposite party no.6. 10. Para 4 (1) of Government Order dated 17.8.2002 provides that for the purpose of applying the reservation the development block shall be taken as a unit and on that basis the calculation of total sanctioned fair price shops shall be done and shops shall be identified and reservation shall be applied. Sub para (4) of paragraph 4 provides that in this regard the same system shall be applied as is applicable for the post of Gram Pradhan under the Gram Panchayat. 11. Subsequently, vide Government Order dated 10.8.2007 and thereafter 11.8.2015 the method of calculation for the purpose of applying reservation has been modified and the calculation is to be made at the district level. 12. 11. Subsequently, vide Government Order dated 10.8.2007 and thereafter 11.8.2015 the method of calculation for the purpose of applying reservation has been modified and the calculation is to be made at the district level. 12. In the given circumstances, the method of reservation and the calculation for that purpose is to be applied in the case of general selection however, where the grant of licence of fair price shop has already been settled in favour of some individual person and the said licencee while holding the licence dies, there is right of preference of the dependent of the said licencee and the grant of licence for the said shop is to be first considered for the dependents of deceased licencee and in case they are eligible the same shall be settled in their favour. As per Government Order dated 17.8.2002, the only requirement in this regard is that the deceased licencee at the time of death should have carried a good reputation and after his death the licence of the said fair price shop could be considered to be given to one of his/her dependents. The dependent has been defined as wife, son or unmarried daughter. 13. In view of above, I am of the considered view that in case of death of sitting licencee the allotment of fair price shop licence is to be considered first for the dependents of the said licencee and in case they fulfill the eligibility the same shall be settled in their favour and only thereafter in case the competent authority comes to the conclusion that the fair price shop cannot be settled in favour of one of the dependents of the deceased licencee then the said shop shall be declared as vacant and open for general selection and thereafter the licence of fair price shop shall be granted in accordance with law, applying the provisions of reservation and the procedure prescribed under the U.P. Panchayat Raj Rules as well as the government orders issued by the State Government in this regard. 14. In view of above, the writ petition being devoid of merit is dismissed.