ARJUN PRASAD Vs. STATE OF U.P. AND ANOTHER

JUDGEMENT

(1.) Ram Lalit was a fair price shop dealer of Gram Sabha Sirsiya Masarki. His agreement of fair price shop was cancelled several times and was subsequently reinstated. Last time his agreement of dealership was cancelled by order dated 17.10.2013 by the SDM (Respondent no.-2). He preferred appeal against said order, but that appeal was dismissed by judgment dated 29.1.2014 of Commissioner, Gorakhpur Division, Gorakhpur. Thereafter he preferred Writ Petition no.-11173 of 2014. During pendency of said writ petition, proceedings for allotment of fair price shop in question was carried out. In meeting of Gram Sahba in that regard, the petitioner Arjun Prasad and one Shyam Narain Varun participated as candidates, but on the basis of more votes Shyam Narain Varun was recommended by Gram Sahba for allotment. Accordingly dealership of said shop was given to Shyam Narain Varun.

(2.) During pendency of Writ Petition no. 11173 of 2014, Ram Lalit died on 1.5.2014; then his son Arjun Prasad (present petitioner) was substituted. After hearing the said writ petition no.-11173 of 29014 was allowed by order dated 22.8.2016 of this Court which is as under :

(3.) By said judgment dated 22.8.2016, the Court had directed the authorities to consider the present writ petitioner's case for allotment of fair price shop. Accordingly he moved application dated 29.9.2016 of allotment of fair price shop on the ground that he is dependent of deceased fair price shop dealer and in compliance of GO dated 17.8.2002, he may be considered for allotment of said fair price shop.