Hon'ble S.C. Chaurasia,J.
1. Heard learned counsel for the parties and perused the record.
2. Inspite of this Court's order dated 09.09.2011, no counter affidavit has been filed by learned Standing Counsel. Keeping in view the material available on record, we proceed to decide the writ petition finally at the admission stage with the consent of parties.
3. The petitioners are villagers belonging to lower cadre of society, possessing B.P.L. Cards. Their grievance is that they are not being extended the benefit in term of Government Orders available to the B.P.L. card holders. According to Sri V.P. Nagaur, learned counsel for the petitioners, the fair price shop dealer located in the locality of the petitioners, is not providing the essential commodities to the petitioners' family. Hence, the family members of the petitioners are suffering with great hardship.
4. On the other hand, learned Standing Counsel, as per instruction received, submits that the enquiry was held and fair price shop dealer has been found to be indulged in corrupt practice and appropriate action is likely to be taken against him. What action, the Government took, against the fair price shop dealer, is not concerned of the petitioners, but they are concerned with few kg. of rice, wheat and sugar for which they are entitled on account of B.P.L. card.
5. In case, some enquiry is pending, then the District Magistrate/Sub-Divisional Magistrate concerned should have made alternative arrangement for supply of uninterrupted supply of the essential commodities to the petitioners and other similarly situated B.P.L. card holders.
6. Right to life is a fundamental right and it is bounden duty of the State Government to ensure that the persons of the lower cadre of the society are being provided necessary essential commodities in accordance to rules. The entitlement of the petitioners or other B.P.L. card holders could not be withheld by the district authorities merely because certain enquiry is pending against the fair price shop dealer. The District Magistrate concerned should have taken appropriate steps during the course of pendency of enquiry to ensure that the essential commodities are being supplied to the citizens or the B.P.L. card holders and other persons of the lower cadre of the society whose livelihood is based on supply of food grains and essential commodities through fair price shops licenced by the Government.
7. In the present case, it appears that after receipt of complaint, the Sub- Divisional Magistrate, Kaiserganj, District-Bahraich, has initiated an enquiry against the fair price shop dealer, but, has forgotten his responsibility to make some alternative arrangement for supply of the essential commodities to the B.P.L. card holders and others belonging to below the poverty line during the pendency of the enquiry.
8. In the aforesaid situation, it shall always be appropriate for the District Magistrates to ensure that the alternative arrangement must be made for continuous supply of essential commodities in accordance to rules. Whenever, fair price shop is suspended or license is cancelled, simultaneous alternative arrangement should be made for continuance supply of essential commodities not only to B.P.L. card holders but, also to other citizens who are passing life below the poverty line.
9. Reply given by learned Standing Counsel on the basis of instructions received that the petitioners are not being supplied essential commodities because of action taken against the fair price shop dealer, is not satisfactory. After receipt of complaint, simultaneous decision should have been taken to make alternative arrangement. We may take note of the fact that almost every day the writ petitions are being filed in this Court by the B.P.L. card holders and other persons falling below the poverty line for supply of essential commodities on one or other grounds. The supply of essential commodities are being stopped because of action taken against the fair price shop dealer. It is unfortunate and disturbing that the persons who are passing life below the poverty line and are the foundational section of society in constituting Government through their valuable votes and anyhow are maintaining their family members have been compelled to approach this Court on account of inaction on the part of the authorities, to make a prayer for supply of food grains by the fair price shop dealer. The State Government must look into the matter and appropriate order or direction may be issued providing necessary safeguard to the persons belonging to below poverty line/B.P.L. card holders for uninterrupted supply of food grains and other essential commodities, during the pendency of the enquiry/suspension of license of the fair price shop dealers. Alternative arrangement must be made immediately and order should be passed on the same date when the license of the fair price shop is suspended, revoked or for any reason its supply is stopped.
10. Let the Chief Secretary of the State of U.P. issue appropriate order or circular keeping in view the aforesaid observations to safeguard the interest of B.P.L. card holders and other persons belonging to below poverty line for continuance supply of essential commodities during the pendency of enquiry against the fair price shop dealer or in the event of stoppage of supply of essential commodities by the fair price shop dealers.
11. The copy of the present order shall be sent to the State Government as well as to the Principal Secretary, Food and Civil Supply by Registry forthwith. Let the compliance report of this order be submitted by the State Government within one month. The case shall be listed immediately after one month for monitoring.. Learned Standing Counsel shall also communicate the order passed today immediately to the State Government.
12. The writ petition is allowed accordingly.
13. The certified copy of the present order shall also be sent by Registry to the District Magistrate, Bahraich, who shall take immediate action keeping in view the aforesaid observation for supply of essential commodities to the petitioners and other similarly situated persons.
Order Date :- 19.1.2012 kkm