Hon’ble Surya Prakash Kesarwani, J.—Heard learned counsel for the petitioner, the learned standing counsel for respondents and the learned counsel for the respondent No. 5-Gaon Sabha.

2. Learned counsel for the petitioner submits that the impugned order dated 6.10.2016 has been passed appointing the respondent No. 6 as fair price shop agent on compassionate ground under Clause 10-jha of the Government Order dated 17.8.2002 whereas the position legally settled by this Court is that a fair price shop cannot be allotted to any person except by a collective opinion of the Gram Sabha which may be expressed only by a resolution to be adopted in an open meeting of the Gram Sahba.

3. Learned standing counsel supports the impugned order.

4. I find force in the submission of learned counsel for the petitioner. Undisputedly, the respondent No. 3 has appointed the respondent No. 6 as fair price shop agent by the impugned order dated 6.10.2016 merely on the ground that he being a dependent upon the deceased fair price shop agent, is entitled for allotment of the fair price shop on compassionate ground. No resolution of the gram Sabha was passed in favour of the respondent No. 6 expressi