Surya Prakash Kesarwani, J. - (1.) Heard Sri Sreeprakash Singh, learned counsel for the petitioner, learned standing counsel for the respondent Nos. 1, 2 and 3 and Sri Ashuthosh, learned counsel for the respondent No. 4.
(2.) Undisputedly, facts are that while the petitioner was running a fair price shop of Village Panchayat Barpura Sharki, Block Chamraua, Tehsil Sadar, District Rampur, her wife, Smt. Chandrawati was elected as Gram Pradhan in the year 2015. Consequently, in view of the relevant Government orders, the fair price shop agreement of the petitioner was cancelled by the respondent No. 3 vide order dated 14.12.2016 on the ground that the petitioner has incurred disqualification to continue the aforesaid fair price shop.
(3.) Learned counsel for the petitioner has heavily relied upon an interim order dated 27.5.2016 in Writ-C No. 25803 of 2016, Arjun Singh v. State of U. P. and 2 others , as under : It is contended that the fair price shop licence of the petitioner has wrongly beer, cancelled on the ground that his wife has been elected as Gram Pradhan in the elections held recently, relying upon the Government order dated 3.7.1990 which is not in force. It is further submitted that the prohibition of appointment of blood relation as fair price shop licensee applies only in case the applicant is related to the Gram Pradhan at the time of his selection and appointment but subsequently, if any, relative of licensee is elected as Gram Pradhan that does not disqualify the appointee. Prima facie, the matter requires consideration. Learned standing counsel representing respondents prays for and is granted six weeks time to file counter-affidavit. Rejoinder-affidavit, if any, may be filed within three weeks thereafter. List after expiry of the aforesaid period. Considering the facts and circumstances, until further ; orders of this Court, effect and operation of the impugned order dated 15.2.2016 passed by respondent No. 3, Sub-Divisional Officer/Deputy District Magistrate, Sadar, District Rampur shall remain stayed.;