Sarla Chauhan vs State Of Uttarakhand And Others

Ravindra Maithani, J

The challenge in this petition is made to order dated 16.06.2023, by which an application filed by the petitioner for developing a Fair Price Shop has been rejected.

Heard learned counsel for the parties and perused the record.

It is the case of the petitioner that earlier, her husband was allotted a Fair Price Shop in village Bhudwa Saheed, Daulaltpur Hazratpur, Block Bhagwanpur, Tehsil Bhagwanpur District Haridwar. After his death, the petitioner applied for allotment of shop in her favour, but by the impugned order, it has been rejected.

Learned counsel for the petitioner would submit that the petitioner being widow of the earlier dealer is entitled to apply for the allotment of Fair Price Shop in her favour. Her application could have been entertained if her husband had a goodwill in the society and his reputation was fine. It is submitted that merely because in the Village Panchayat Resolution, it has been concluded that the goodwill of the husband of the petitioner was not upto the mark, the application of the petitioner has been rejected. He would submit that the petitioner or her husband has never been involved in any criminal case.

The petitioner has no vested right to be allotted Fair Price Shop. A Government Order dated 15.10.2005 provides that if the goodwill of the dealer has been up to the mark, his widow may be allotted Fair Price Shop. The impugned order reveals that to assess the goodwill, a meeting of Gram Sabha is conveyed and based on the resolution, action is taken.

In the instant case also, a meeting of Gram Sabha took place in which it was resolved that the goodwill of the husband of the petitioner was not upto the mark. Based on it, the impugned order has been passed.

Having considered, this Court does not see any reason to make any interference in this matter. Based on the settled practice, the application of the petitioner has been rejected. Accordingly, the writ petition deserves to be dismissed at the stage of admission itself.

The petition is dismissed in limine.