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 erstwhile dealer of the fair price shop left behind him five sons and wife. There are separate ration cards in the name of all the sons. They all are married and living separately since the life time of their father. It has also been alleged that wife of the deceased dealer is illiterate and an old lady. Further the villagers of Gram Sabha are not satisfied with the behaviour of the respondent No. 4 and his brothers.

5. On the application/complaint of Pradhan of Gram Sabha, the District Magistrate, vide order dated 1.7.2014 called a report from concerned S.D.M., who directed the Block Development Officer concerned to enquire into the matter and submit a report within 3 days.

6. When the petitioner came to know that without making an enquiry in the matter, the administration is going to allot the license of fair price shop in favour of respondent No. 4 under political pressure, then he filed Writ Petition No. 35671 of 2014, which was dismissed by this Court, as there was no cause of action to file that writ petition. After dismissal of the said writ petition on 14.7.2014, the respondent No. 3 vide order dated 17.7.2014 allotted the fair price shop of the Village in question in favour of the respondent No. 4, under clause 10(JH) of Government Order dated 17.8.2002.

7. The petitioner prayed for quashing of the impugned order dated 17.7.2014 passed by S.D.M. Sikandrarau, District Hathras and further to issue a direction to take fresh steps for allotment of license of fair price shop of village Jarinpur Bhurraka, Block Hasayan, Tehsil Sikandrarau, District Hathras.

8. The learned counsel for the petitioner, firstly argued that Vijay Singh dealer expired leaving behind five sons and his widow. It is on record that all the five sons have separate ration cards and it is said that they are living separately since the time of their father. They all are married. The widow is an illiterate and old lady hence she is not eligible to act as dealer of the fair price shop.

9. Learned counsel for the petitioner has placed reliance upon the judgement of this Court in case of Shiv Kumar v. U.P. Ziladhikari Chakiya, District Chandauli and others, 2014 (8) ADJ 693 (DB). The relevant paras 46, 49 and 51 are as under:

“46. In its ordinary and primary sense the word ‘family’ signifies the collective body of persons living in one house or under one head or manager or one domestic Government. What constitutes a family in a given set of circumstances or in a particular society depends upon the habits and ideas of persons constituting that society and the religious and socio-religious customs of the community to which such persons may belong.

49. The term ‘family’ and ‘household’ are capable of wide and varying meaning and same cannot be left to be assigned a meaning in its general te