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2026 Supreme(Online)(SC) 1748

Kulsum Nisha – Appellant
Versus
State of U.P. – Respondent


1. This appeal emanates from an order dated 05.03.2025 passed by the High Court of Judicature at Allahabad, Lucknow Bench (hereinafter referred to as “the High Court”) by which the claim of the appellant, who is a married daughter of the deceased dealer, for appointment as a fair price shop dealer on compassionate ground, has been rejected.

FACTUAL BACKGROUND

2. On 27.10.2012, a fair price shop located at village panchayat Aariyawan, Development Block and Tehsil Tiloi, District Amethi, was allotted to Smt. Badrun Nisha who was the mother of the appellant.

3. In exercise of the powers under Section 3 of the Essential Commodities Act, 1955 (‘1955 Act’), the UP Government through Notification dated 10.08.2016 notified the Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 (‘2016 Order’). Clause 7(2)(i) of the 2016 Order refers to a ‘person appointed’ to run a fair price shop and does not prescribe any eligibility criteria of marital status. The power to identify dependents is delegated to the State Government. The State of Uttar Pradesh issued G.O. No. 6 of 2019 on 05.08.2019 (‘G.O.’) governing the ‘identification, reservation, and

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