SURYA PRAKASH KESARWANI, J. - (1.) Heard learned counsel for the petitioner and the learned standing counsel for the State-respondents. With the consent of the learned counsel for the parties, this writ petition is being finally heard without calling for counter affidavit.
(2.) Submission of the learned counsel for the petitioner that the father of the petitioner was fair price shop agent of Village Kail, Block Gunnor, District Sambhal. After his death, the petitioner applied for allotment of fair price shop on compassionate ground but his application has been rejected on the basis of a report of the Area Rationing Officer dated 02.06.2016 which is wholly illegal inasmuch as the reputation and goodwill of deceased fair price shop agent can be determined only by collecting opinion of Village Panchayat by means of a resolution in terms of Clause 10 (jha) of the Government Order dated 17.08.2002. He also relied upon the judgment of this Court in the case of Lukman Ahmad v. State of U.P. and others, 2017 3 ADJ 244 (6).
(3.) Learned standing counsel supports the impugned order.;