Allahabad High Court
SANDEEP KUMAR GAUNversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The respondent must consider the petitioner's application for a fair price shop license and pass a reasoned order, construing the definition of 'family' strictly under the relevant provisions.
Summary
The petitioner, Sandeep Kumar Gaun, filed a writ petition seeking a fair price shop license on the basis that it was inherited from his grandfather and that his pending application should be decided expeditiously. The State's standing counsel argued that the petitioner might not fall within the statutory definition of 'family' but agreed to consider the application promptly. The Court noted the submissions and directed the respondent to consider the petitioner's application and pass a reasoned order in accordance with law. It emphasized that the term 'family' under the relevant provisions must be construed strictly. Consequently, the writ petition was disposed with the directive to the respondent to decide the matter promptly.
Issues considered
- Does the petitioner qualify as a member of the 'family' under the provisions governing fair price shop licenses?
- Should the respondent decide the pending fair price shop license application expeditiously?
Subjects
- fair price shop
- license
- inheritance
- family definition
- writ petition
- expeditious decision
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 19587 of 2026
Sandeep Kumar Gaun
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Yadvesh Yadav
Counsel for Respondent(s) : C.S.C.
Court No. - 36
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard learned counsel for petitioner and learned Standing Counsel for
State.
2. The petitioner has filed an application for grant of fair price shop
license on basis of inheritance that license was of his grandfather and said
application is still pending and prayer of petitioner is to direct concerned
respondent to decide it expeditiously.
3. Learned Standing Counsel submits that probably petitioner will not fall
within the definition of family and concerned respondent will consider
and decide the same expeditiously.
4. Taking note of above submissions, this writ petition is disposed of with
an observation that concerned respondent will consider application of
petitioner for grant of fair price shop license and will pass a reasoned
order strictly in accordance with law, however, the definition of 'Family'
under relevant provisions shall be construed strictly.
(Saurabh Shyam Shamshery,J.)
September 8, 2026
N. Sinha
Digitally signed by :-
NIRMAL SINHA
High Court of Judicature at Allahabad
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