Renu vs State Of Uttarakhand And Others

Ramesh Ranganathan, CJ

The Public Interest Litigation jurisdiction of this Court has been invoked by the petitioner seeking a writ of mandamus directing the respondents to

conduct a fair and impartial inquiry regarding issuance of ration cards in Laksar town of District Haridwar; and to take strict action against the

concerned fair price shop dealers who are indulging in misappropriation and black-marketing of essential commodities meant for public distribution.

It is the petitioner’s case that there are five fair price shops/dealers in Laksar town of District Haridwar. These fair price shop dealers are

indulging in several irregularities, and have issued two ration cards (APL and BPL) to one individual; they maintain two separate registers; after

distributing essential commodities on one ration card, the essential commodities of the other ration card are fraudulently shown to have been given to

the same person and the essential commodities are being misappropriated; this has resulted in the needy being deprived of essential commodities;

these fair price shop dealers are indulging in black-marketing of essential commodities like kerosene, sugar, wheat, rice etc. meant for public

distribution; and this has resulted in the actual card holders being deprived of essential commodities through these fair price shops.

On the jurisdiction of this Court being invoked we had, in our order dated 21.11.2019, noted that all the five fair price shop dealers in Laksar town

had claimed that their entire books were lost in different incidents; and while two of them claimed to have lost the books while they were travelling on

a motorcycle, three others had claimed to have lost it while travelling on a bicycle. We had, thereafter, observed that it was not even their case that all

of them were travelling together or that this incident took place on a particular day with respect to all five of them; five separate incidents were

alleged to have taken place resulting in the records, maintained by five different fair price shop dealers in Laksar town, allegedly being lost; the

petitioner’s complaint was that this was just a ruse to avoid production of their books to show to whom essential commodities were supplied; the

claim of loss of books was extremely suspicious; and, since the matter involved providing essential commodities to the poorest of the poor, the District

Magistrate, Haridwar shall forthwith cause an inquiry into the matter, and submit a report to this Court whether books were being properly maintained

by these fair price shop dealers in Laksar town, and whether essential commodities have been properly supplied to those for whom such supplies were

meant for.

In our order dated 17.12.2019, we noted the submission, urged on behalf of the State Government, that, consequent on the suspension of the

agreement with these five fair price shop dealers who were found to have committed various irregularities, the card-holders had been attached to

other fair price shops operating in rural areas; these fair price shop dealers, to whom the cards were entrusted, would supply essential commodities to

people in Laksar town two days in a week, and at five different centres; and necessary steps would be taken to ensure that no inconvenience is

caused to the poor and the needy to whom essential commodities are required to be supplied.

Mr. S.S. Chauhan, learned Deputy Advocate General appearing on behalf of the State Government, would submit that not only has the agreement,

entered into with these five fair price shop dealers been suspended, notices have already been issued to them to show cause why their dealership

should not be cancelled; further action shall be taken in a time bound manner; and necessary action would be taken at the earliest.

As the agreement, entered into with these five fair price shop dealers, who are alleged to have resorted to illegal practices with a view to

misappropriate essential commodities meant for public distribution to the poor and needy, has been suspended and notices have already been issued to

them to show cause why their dealership should not be cancelled, suffice it, instead of keeping the Writ Petition pending on the file of this Court, to

direct the District Magistrate, Haridwar to complete the inquiry, initiated against these five fair price shop dealers, and thereafter take necessary

action in accordance with law with utmost expedition and, in any event, within three months from the date of production of a certified copy of this

order.

We make it clear that, till final orders are passed by the District Magistrate, Haridwar, the existing arrangement of entrusting distribution of

essential commodities to other fair price shop dealers shall continue to remain in force.

The Writ Petition is, accordingly, disposed of. No costs.