Allahabad High Court: Highlighting the importance of Public Distribution System (PDS) in a case where Petitioner made a complaint that fair price shop license must not be allotted to Respondent on ground that it is against the Government Order dated 3.7.1990 read with Order dated 17.8.2002 which provides that Gram Pradhan or his/her family could not be granted the agency of the fair price shop or if already existing then agency would be terminated, the Court held that fair price shop license is measure of PDS which performs the function of local body under COI, so it is of utmost importance that this system is free from any kind of monopoly, nepotism and favoritism on the part of Gram Pradhan which is the idea envisaged under the concerned Government order. The Court further also explained that word “family” is inclusive of blood relations, relations on account of marriage and also includes members dining and sharing the kitchen together, therefore on account of marriage, when daughter-in law comes into the family and enjoys the same kitchen will attract the disqualification.
In the instant case, the counsel for the petitioner V. Singh contended that authorities concerned failed in conducting the open general meeting of the Gaon Sabha in which the resolution regarding the grant of agency of fair price shop must be decided which is a mandatory in the Government Orders dated 3.7.1990 and 17.8.2002, on the other hand, the counsel for the respondent Mr. Anil K. Mishra emphatically denied the need for a general meeting of the Gaon Sabha as the claim of the Respondent falls in the category of compassionate claim and hence, there is no requirements of the formalities of the aforesaid meeting.
The Court, allowing the petition, observed that it is absolutely necessary that free price shop license is granted only after passing of resolution in the open meeting on the collective opinion of the Goan Sabha. The Court also held that the claim on the compassionate ground is no exception to the aforesaid procedure and also directed to conduct an inquiry whether Respondent was sharing the common kitchen with daughter-in law. Shiv Kumar v. U.P. Ziladhikari Chakiya Distt. Chandauli, Writ-C No. 40973 of 2014, Decided on 20.08.2014