Prayagraj. The Allahabad High Court has directed the state government to include the daughter-in-law (widow or widow) in the family in the case of allotment of a cheap galley shop to the heirs on the death of the license holder. Para-4 (10) of the mandate issued by the Secretary Food and Supplies on August 5, 2019 to include the daughter in the family and not to include the daughter-in-law in the family and the District Supply Officer for refusing to give license of the shop being a daughter-in-law. The order dated June 17, 2021, has been quashed as unlawful.
The High Court has directed the Secretary Food and Civil Supplies to issue a new mandate or modify the mandate itself in four weeks, based on the decision of the full bench in the UP Power Corporation case. Justice Neeraj Tiwari has given this order while accepting the petition of Pushpa Devi.
In this judgment, the full bench has said that the daughter-in-law has more rights than the daughter in the dependent quota. This decision will be applicable in this case also. The court has given the responsibility of compliance to the order to the Additional Chief Secretary and Principal Secretary Food and Civil Supplies. The court has directed the District Supply Officer to consider granting the license of a cheap galley shop to the petitioner as heir within two weeks of the new mandate being issued or amended.
Let us inform that the mother-in-law of the petitioner had a license for a cheap gulle shop, who died on April 11, 2021. The husband of the petitioner had already died. Apart from the widowed daughter-in-law, the petitioner and her two minor children, there is no other heir in the family. The petitioner applied for allotment of the shop in the deceased dependent quota. Which was canceled saying that in the mandate dated August 5, 2019, daughter has been included in the family but daughter-in-law has been kept separate from the family. The court said in the mandate to separate the daughter-in-law from the family as incomprehensible and said that the daughter-in-law has better rights than the daughter in the dependent quota. Therefore, daughter-in-law should be included in the family.
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