HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1438 of 2010 Maladevi @ Malawati. …..Petitioner Versus District Magistrate Haridwar A nd another. …….Respondents Mr. Parikshit Saini, Advocate for the petitioner. Mr. P.C. Bisht, Brief Holder for the State/respondents. Dated: August 13, 2010 Hon’ble V.K. Bist, J. Heard Mr. Parikshit Saini, Advocate for the petitioner and Mr. P.C. Bisht, Brief Holder for the State and perused the record. 2. Present petition has been filed by the petitioner challenging the impugned order dated 08.07.2010 passed by respondent no.1, District Magistrate, Haridwar (contained in annexure no.5 to the writ petition). 3. Learned counsel for the parties are agreed and requested that writ petition may be disposed of today at the admission stage itself. 4. Briefly stated that the petitioner is the resident of village Mohmmadpur Kunhari, Block Bahadrabad, District Haridwar. Her husband, namely, Chatar Pal was the petty diesel licence holder and having a shop in village Tikkampur Block Bahadrabad, District Haridwar. Licence was issued bearing No. HRH/35/95 and same was renewed from time to time and lastly it was renewed by the licensing authority upto 31.03.2010. Husband of the petitioner done the business as per the 2 conditions laid down in the licence and had not violated any conditions of the licence. Unfortunately, on 23.12.2009, husband of the petitioner died leaving behind him his widow-petitioner and four unmarried daughters. After the death of her husband, financial condition of the bereaved family became worse. Thereafter, on 19.01.2010, the petitioner moved an application before respondent no.1 i.e. District Magistrate, Haridwar seeking transfer of petty diesel outlet licence in her name. Meanwhile, the petitioner continued with the business of her husband. When no heed was paid toward her representation, she again moved a reminder. It is stated that on the application of the petitioner, the Supply Inspector submitted his report mentioning therein that there is no provision in the Govt. Order for transfer of such licence in the name of the dependants of the deceased licence holder. It is also mentioned in the said report that though such provision is contained and available in another Govt. Order for transfer of licence in favour of dependants of deceased licence holder in respect of fair price shop. In its report the Supply Inspector recommended the case of petitioner to respondent no.1. On 8th July, 2010, the District Magistrate, agreeing upon the provision contained in the Govt. Order regarding transfer of petty diesel licence, has rejected application of the petitioner. 5. Argument of the learned counsel for the petitioner is that licence granted in favour of husband of petitioner was never misused by the licence holder, in fact, the people of the area were satisfied immensely with the business of husband of petitioner. He further submitted that the petitioner is about 42 years widow lady having four unmarried daughters and also does not have 3 any source of income. In view of these facts and in view of criteria contained for grant of petty diesel licence outlet, the petitioner is entitled for the same. Learned counsel for the petitioner contended that though there is no such provision in the Govt. Order for transferring the licence in the names of the dependant of deceased licence holder, but this practice is prevailing in the State of Uttarakhand and in many cases, licences have been given to the dependants of the deceased. 6. Learned Brief Holder for the State Mr. P.C. Bisht, on the other hand, submitted that petty diesel outlet licence cannot be given to the dependant of the deceased as there is no provision stipulated in the relevant Govt. Order, therefore, application of the petitioner has rightly been rejected by the District Magistrate. 7. I have gone through the order dated 8th July, 2010 passed by the District Magistrate. It is merely one line order. Ground of rejection is that relevant Govt. Order does not contain any provision for transfer of licence to the dependants of the deceased licence holder. The order passed by the District Magistrate cannot be said to be a reasoned order. At least her application could have been considered as fresh application for grant of licence. The District Magistrate did not consider the application of the petition in letter and spirit. He did not pass detailed order. Neither he considered the fact as to whether husband of the petitioner, at any time, violated any condition contained in the licence. He also did not consider financial condition of the petitioner and the fact that petitioner is a young widow lady having four 4 unmarried daughters and her case is fit under the zone of consideration. 8. Accordingly, the writ petition is disposed of directing the District Magistrate, Haridwar to consider the application of the petitioner afresh sympathetically for grant of licence of petty diesel outlet licence in accordance with law within a period of three weeks from the date of production of certified copy of this order. While taking decision on the application of the petitioner, the District Magistrate will also keep in mind the financial condition of the petitioner and the fact that the petitioner is a young widow lady having four daughters. 9. Interim application (CLMA No. 6805/10) stands disposed of. (V.K. Bist, J.) 13.08.2010 NCM: