HIGH COURT OF CHHATTISGARH^BILASPUR WRIT PETiTION (C t No.739/2011 PETITIONER RESPONDENTS 1 Smt. Mathura Ramayan Giri Wd'o Late Ramayan Giri, Aged about 51 years, R/o Dabra Para Bhilai-3, Tehsil and District Durg (C.G.) Versus State of Chhattisgarh, Through Secretary Food and Civil Supply Department D.K.S. Bhavan Mantralaya Raipur (C.G.) 2 Food Controtler Durg (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTSON OF INDIA Mr. B.L.Sahu, Counsel forthe petitioner. Mr. Arun Sao, Government Advocate for the State/respondents. ORAL ORDER (08.82.2011) SUNIL KUMAR SINHA. J. Heard finaily with .the consent of learned counsel for the parties. Petitioner- Smt. Mathura Ramayan Giri is the wife of late Ramayan Giri, who was issued kerosene-hawker Card No.283. Ramayan Glri died on 08.09.2009. After his death, the petitioner applied for transfer of the said hawker card on the name of her son before respondent No.2 on 29.09.2009. Learned counsel for the petitioner submits that though an application to the said effect was filed on 29.09.2009, but no decision has been taken in this ^sr^ ir iCT-"?3Ba>. 1(;'• 7(-* ^ 1 '!t?"<'^ -S.-riSy' WRIT PETITION (C lNo.739/2011 regard. His submission is that this petition may be disposed of with the direction to respondent No.2 to dispose of the pending application filed by the petitioner on 29.09.2009. Learned counsel for the State/respondents, referring to the circular dated 16 of January, 1999, submits that the above circular was issued by the erstwhile State of Madhya Pradesh and the contents of the circular are being followed by . the State of Chhattlsgarh also. He submits that the petitioner may be directed to file a fresh application on the name of her son for grant of kerosene-hawker licence before the concerned authority and she may also attach the copy of the appiication dated 29.09.2009 along with the said application and the application filed by the petitioner for grant of hawker ticence shall be disposed of in accordance with directions contained in circular dated 16 of January, 1999 as also in accordance with the provisions of Rules framed in this regard. Considering the facts and circumstances of the case, 1 deem it appropriate to dispose of this writ petition with the direction that if so advised, the petitioner may file a fresh application in thei.prescribed proforma, if any, on the name of her son for grant of hawker licence within a period of one month from today before the concerned authority and if such an application is filed, the concerned aythority shall dispose of the same as early as possible preferably within a period of 3 months from the date of filing of the said application before such authority. It is observed that the concerned authority shall take into consideration that the petitioner's husband was granted licence and he died on 08.09.2009. .^ .:/T' ' "?'" /:••?' WRIT PETITION (C ) No.739/2011 With the above observations/directions, the writ petition stands finally disposed of. , - No order as to cost(s). - ' §&)- ^.^ .\\^^ 7uds'e shyna