JUDGMENT Ritu Raj Awasthi,J. Heard learned counsel for the petitioner as well as learned Standing Counsel and perused the records. 2. The instant writ petition has been filed challenging the order dated 13.7.2016, passed by opposite party no.3, copy of which is annexed as Annexure-1 to the writ petition, whereby the fair price shop licence has been granted in favour of opposite party no.5/Smt. Kamla Devi giving her preference of being the widow of deceased licencee late Rajendra Singh. 3. Learned counsel for petitioner submits that the licence of fair price shop for Village Talauli, Tehsil Sandila, District Hardoi has been settled in favour of opposite party no.5 without calling any open meeting of gram panchayat and without getting any proposal in favour of opposite party no.5. It is submitted that opposite party no.5 being the wife of erstwhile licencee had claimed allotment of fair price shop in question on compassionate grounds, however, the same could be granted only after getting the proposal in the open meeting of gram panchayat which was not done in the present case, as such, the same is not sustainable in the eyes of law. 4. Learned Standing Counsel, on the basis of instructions submits that the fair price shop licence has been granted in favour of opposite party no.5/Kamla Devi on compassionate grounds. She is the widow of late Rajendra Singh who was erstwhile licencee, before his death and was carrying good reputation. It is submitted that there is no provision for getting the proposal/recommendation from the gram panchayat in case of grant of fair price shop licence on compassionate grounds. 5. Mr. Aniruddh Singh, Advocate has put in appearance on behalf of opposite party no.5 and filed vakalatnama, same is taken on record. He submits that the opposite party no.5 is 52 per cent handicap. She being the widow of deceased licencee Rajendra Singh is entitled to get the licence of fair price shop on compassionate grounds. She is also entitled to get the benefit of reservation for handicapped persons. 6. I have considered the submissions made by parties' counsel and gone through the records. 7. As per the Government Order dated 17.8.2002 it has been provided that in case the deceased licencee was having a good reputation the allotment of fair price shop can be granted to his dependents, who may be his wife, son or unmarried daughter. 8. 6. I have considered the submissions made by parties' counsel and gone through the records. 7. As per the Government Order dated 17.8.2002 it has been provided that in case the deceased licencee was having a good reputation the allotment of fair price shop can be granted to his dependents, who may be his wife, son or unmarried daughter. 8. In case the fair price shop is to be granted on compassionate grounds the same procedure as prescribed for the allotment of fair price shop licence shall be followed and there shall not be deviation even in such cases where the licence is to be granted on compassionate grounds. In the case of Shiv Kumar Vs. Up Ziladhikari Chakiya Distt. Chandauli and 4 others (Writ-C No.40973 of 2014) it has been held by the Division Bench that procedure prescribed for allotment of fair price shop licence i.e. particularly with respect to selection at the gram panchayat level is to be followed even in case where benefit of being a dependent of deceased licencee is to be extended. The relevant paragraph on reproduction reads as under: - "So far as the second issue of taking a decision in the open meeting of the Gaon Sabha is concerned, we are unable to agree with the proposition of the learned Standing Counsel and the counsel for the contesting respondent that no such meeting is necessary. The reason is that from a bare perusal of Clause 4.4 of the Government Order dated 3rd July, 1990, it is evident that any fair price shop licence would be opened only after a resolution is passed in the open meeting of the Gaon Sabha. It is only on the collective opinion of such a meeting that such allotment can be made. After such a resolution is passed, the same has to be processed through the Tehsil Level Committee for rural areas consisting of the Deputy District Magistrate as its Chairman as defined in Clause 5 of the Government Order dated 17.8.2002. Such an exercise has to be undertaken only when a resolution is passed in the open meeting as indicated in Clause 7. The allotment has to be made as per the terms and conditions contained in Clause 10 of the said government order which also envisages the grant of licence on compassionate basis. " 9. Such an exercise has to be undertaken only when a resolution is passed in the open meeting as indicated in Clause 7. The allotment has to be made as per the terms and conditions contained in Clause 10 of the said government order which also envisages the grant of licence on compassionate basis. " 9. It is to be observed that in the case of grant of licence on compassionate basis the reputation of deceased licencee is whether he was carrying a good reputation or not is a prime condition for consideration of allotment of fair price shop licence for his/her dependents. It is required to be considered in the open meeting of gram panchayat and considering this aspect the gram panchayat shall make a proposal and thereafter the competent authority shall pass appropriate orders for grant of fair price shop licence. 10. In the present case, it appears that no proposal/recommendation was made by the gram panchayat concerned and the concerning competent authority on his own has passed the impugned order taking into consideration that the deceased licencee was having a good reputation. I am of the considered view that the procedure prescribed for allotment of fair price shop licence has not been followed and, as such, the order impugned is not sustainable in the eyes of law. 11. The writ petition, as such, is allowed. The impugned order dated 13.7.2016, passed by opposite party no.3, as contained in Annexure-1 to the writ petition is hereby quashed with direction to opposite party no.3/Sub Divisional Magistrate, Tehsil Sandila, District Hardoi to take a fresh decision in accordance with law. He may consider the grant of fair price shop licence in favour of opposite party no.5 giving her benefit of being widow and dependent of deceased licencee Rajendra Singh, however, it shall be done following due procedure. The opposite party no.3 shall pass appropriate orders expeditiously, say, within a period of one month from the date a certified copy of this order is produced before him.