By the Court.—The petitioner, a resident of village Gangapur is also a card holder of the Gaon Sabha of Gangapur entitled for receiving the benefits of essential commodities to be distributed from the fair price shop of the village. The fair price shop was earlier in the name of late Indrasan Prasad, the husband of the respondent No. 5. Her daughter-in-law, namely, Susumlata wife of Rakesh was elected as a Gram Pradhan in 2012 when the shop licence was existing.

2. A complaint was made that such a fair price shop licence cannot be continued as the daughter-in-law had become the Gram Pradhan and according to the prohibition contained in Paragraph 4.7 of the Government Order dated 3.7.1990 read with the Government Order dated 17.8.2002 and other subsequent Government orders, the fair price shop licence stood automatically cancelled. This position of law was further clarified by the Government Order dated 17.5.2010 that was considered by a full bench decision of this Court in the case of Indrapal Singh v. State of U.P. and others, 2013(10) ADJ 612 (FB).

3. Consequently a show-cause notice was issued to late Indrasan Prasad who contested the matter by filing writ petition No. 3