Ashfaq vs State of U.P. and Others

Sunil Ambwani, J.—Heard learned Counsel for the petitioner and learned Standing Counsel for the State respondents.

The petitioner is a ''B.P.L.'' card holder of village Sirsiyan Khurd, Block Nibua Naurangia, District Kushi Nagar. He is aggrieved by an order dated 1.10.2007, passed by the Commissioner (Food & Supplies), Gorakhpur Division, Gorakhpur, allowing the Appeal No. 23/K2000 under the U.P. Scheduled Commodities (Distribution) Order, 2004, against the order of suspension of the authorisation of Mohd. Safi, the agent for distribution of scheduled commodities at CentreSirsa on the ground that his explanation was not properly considered.

The U.P. Scheduled Commodities (Distribution) Order, 2004 provides for maintaining supplies of food grains in the public distribution system and other essential commodities and for securing their equitable distribution and availability at fair price shop. The holder, under clause2 (n) in relation to ration, means the person whose name or designation appears, as such, on that ration card. The ration card under clause2 (p) means a card issued under clause5 of the order The food officer under clause5 is to undertake identification of families living ''Below Poverty Line'' (BPL) including ''Antyodaya'' families as per the estimate adopted by the State Government with a care to be taken to ensure that the families are really the poor.

The agent, under clause2 (c), means a person or a cooperative society or a corporation of the State Government authorised to run a fair price shop under the provisions of the order. A ration card is to be issued under clause6 by the food officer to APL, BPL and Antyodaya families in accordance with the orders issued by the State Government from time to time in this regard. The ration card can be amended under clause7 and that the State Government may prescribe the quantities of the scheduled commodities which a unit shall represent generally or for any particular class of persons. The entire quota of month may be lifted by the ration card holder on monthly basis. In case of false representation and dishonest application the ration card may be declared invalid under clause 10 and 11 with a duty to the person to deliver up the invalid ration card.

Cjause 28 provides for appeals. All the appeals under subclause (i) shall lie before the concerned Divisional Commissioner, who may delegate the powers to Assistant Commissioner of Food. Under clause2 any person aggrieved by an order of the food officer or the designated authority refusing to issue or renewal of a ration card or cancellation of ration card, may appeal before the appellate authority within 30 days. An agent, aggrieved by an order of the competent authority suspending or cancelling agreement of the fair price shop under subclause (iii), may appeal to the appellate authority within 30 days from the date of receipt of the order.

The food officer, defined under clause2 (m), is responsible for identification of the families, living below poverty line; issuance of ration card and monitoring of the public distribution scheme under the orders issued by the State Government. An agent is required to observe conditions, which the State Government or Collector may, by an order in writing, direct him from time to time in respect of opening of the shops, maintenance of stocks, supply and distribution of the scheduled commodities, maintenance of accounts etc. Under clause 25 the agency is nontransferable.

The scheme of the U.P Scheduled Commodities (Distribution) Order 2004 makes a person living below poverty line entitled to specified quantities of the scheduled commodities in respect of each category of the card on a price to be fixed by the State Government. Any person, aggrieved by the order of the food officer or the designated authority refusing to issue or renewal of the ration card, may appeal to the appellate authority. This right cannot be extended to challenge the order passed by the SubDivisional Magistrate or the appellate authority in the matter of suspension or cancellation of the agreement of fair price shop.

8.A. person, holding a ration card, is a consumer of the scheduled commodities under the Public Distribution Scheme. If he is not distributed the scheduled commodities according to his entitlement at a fair price, he may make a complaint to the food officer, The food officer is required to take an action on such complaint in accordance with the agreement with the authorised agent under clause 25 of the control order. The ration card holder is not an adversary or the controller of the scheme of distribution of scheduled commodities to the poor persons. He does not have right to either appeal against the order of suspension or cancellation of an authorisation or to file a writ petition challenging the order by which the Commissioner or the Food Commissioner, ''as the case may be, has allowed the appeal or has remanded the same for fresh consideration in accordance with the law, As a consumer, his rights cannot be raised to the status of choosing a dealer or to seek the cancellation of the licence of the dealer. His right is confined, to his entitlement of the scheduled commodities at specified price.

The writ petition is dismissed with observations that the food officer shall ensure that the petitioner is supplied scheduled commodities allocated to the unit in his ration card at the price specified by the State Government.