Hon'ble Amar Singh Chauhan, J.—Heard Sri Sanjay Kumar Dubey, learned counsel for the petitioner, learned Standing Counsel for the State and Mrs. Vatsala for the respondent No. 4.

2. By means of the present writ petition, Kamta Prasad son of Netra Pal, resident of village and Gram Panchayat Jarinpur Bhurraka, Block Hasayan, District Hathras, has challenged the order dated 17.7.2014 passed by the Sub-Divisional Magistrate, Sikandrarau Hathras appointing Respondent No. 4, Arvind Kumar as the fair price shop dealer under dying in harness in village Jarinpur Bhurraka, Block Hasayan, District Hathras.

3. Sri Vijay Singh, licensee of fair price shop of village Jarinpur Bhurraka, Block Hasayan, District Hathras died on 30.4.2014. Thereafter, petitioner moved an application before S.D.M. Sikandrarau, District Hathras on 22.5.2014, with a prayer to call an open meeting of Gram Sabha and elect a person for operating fair price shop of the Village. On 26.5.2014 Arvind Kumar son of late Vijay Singh moved an application before S.D.M. Sikandrarau praying that the allotment of fair price shop may be made in his name under the dying in harness.

4. From the record, it appears that the erstwh