Court No. - 29
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1019 of 2021
Petitioner :- Kuldeep Kumar
Respondent :- State of U.P.
Counsel for Petitioner :- Mohammad Danish
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice Hon'ble Jayant Banerji,J.
Heard Mohd. Danish for the petitioner and Sri Manish Goyal, learned counsel for the State/respondent.
Writ petition has been filed with the following prayers:
"i) Issue an appropriate writ, order, or direction in the nature of a writ of mandamus or ay other writ of similar nature directing the state respondents to provide ration with immediate effect to those migrant workers whose names has been cancelled from ration quota due to whatsoever reasons as enlisted in Annexure no.2 to this writ petition.
ii) Issue an appropriate writ, order, or direction in the nature of a writ of mandamus or ay other writ of similar nature directing the state respondents to distribute free ration to vulnerable community who does not have a ration card in District Jalaun.
iii) Issue a writ of mandamus directing the Respondent Assam authorities to conduct a survey in the entire Jalaun District to identify poor households who do not have ration cards and to issue ration cards to them and during the course of the survey invite applications from such households through rigorous advertisement;
iv) Issue an appropriate writ, order, or direction in the nature of a writ of mandamus or any other writ of similar nature directing the state respondents to initiate universal distribution of ration to all persons and families without necessitating ration cards or compulsory documentation across Uttar Pradesh."
v) Issue an order/direction in the nature of a writ of mandamus or ay other writ of similar nature directing the state respondents to make provisions for availability and accessibility of food and rations without insisting on ration cards across Uttar Pradesh as per the Central and State Government Schemes, National Food Security Act, 2013."
It is after noticing the pendency of the writ petition before the Apex Court on the subject matter. It is reflected in paragraph 35 of the writ petition where even reference of the issue has also been given. Paragraph 35 is also quoted herein:
"35. That, most recently, the Hon'ble Supreme Court by order dated 24.05.2021 in Suo Moto Writ Petition (Civil) No. 6/2020 Re: Problems and Miseries of Migrant Labourers issued directions regarding provision of dry ration to stranded migrant workers and making operational community kitchens to them. The relevant portion of the order is as follows:
15. We, thus, direct that migrant wherever stranded throughout the country should be provided the dry ration under the Atma Nirbhar Scheme or any other scheme is found suitable by the States/Centre.
16. Coming to the direction regarding Community Kitchen, it is the responsibility of the States/Union Territories to provide Community Kitchen to the standard migrant workers, who have lost their employment and are in need of two meals a day, we direct all the States/Union Territories to make operational the community kitchen to the stranded migrant workers wherever they may situate in the country. There shall be wide publicity with respect to the various schemes including the places of community kitchens so that such needy persons may in fact take benefits."
It is most humbly submitted on behalf of the petitioner that poor daily- wage earners without ration cards are placed under circumstances similar to stranded migrants to the extent that these poor daily-wage earners have also lost their income and require state assistance to survive in a dignified manner."
The Apex Court has decided the petition referred in paragraph 35 of the writ petition by its judgment dated 29.06.2021. Detailed directions have been given for compliance appropriate for distribution of quality foodgrains as per the demand and even for distribution of dry ration to migrant labours. It is also with the direction that the State shall consider and direct an appropriate scheme which may be implemented on or before 31st July, 2021 and to be continued and followed till the current pandemic COVID-19. A direction has further been given to effect 'One Nation One Ration Card' scheme on or before 31st July, 2021. There are other directions also. The facts aforesaid was disclosed to the petitioner who is pressing the writ petition despite the judgment. It is with the statement that the Supreme Court has issued directions, compliance thereof has not been made, thus, this Court should issue directions afresh.
A serious objection to this is taken by the Additional Advocate General submitting that the counsel is not even knowing about the judgment and the directions given therein. He is contesting the writ petition unnecessarily and this was even informed by the Court yet counsel for the petitioner is insisting to pass direction in regard to the ration to migrant labourers/workers. It is despite an order of the Supreme Court regarding 'One Nation One Ration Card' scheme to be implemented by 31st July, 2021. When appropriate direction has already been given by the Apex Court, this Court may not issue directions contrary to the aforesaid when the entire issue was deliberated before the Apex Court and has been decided.
The writ petition was filed despite knowing about the pendency of the issue before the Supreme Court as has been given in paragraph 35 of the writ petition. It is nothing but to multiply the litigation and also to press it when judgment has already been given by the Supreme Court. For issuance of ration card also, policy of 'One Nation One Ration Card' is to be given effect pursuant to judgment of the Supreme Court by 31st July, 2021.
Thus, we find this petition to be nothing but for the same cause already addressed by the Apex Court with appropriate direction and we cannot give any other direction contrary to it. The petition seems to be for publicity otherwise there was no reason for the petitioner to file a writ petition of the same subject matter pending before the Apex Court even after knowing about it. The writ petition is accordingly dismissed.
This Court was initially intending to impose cost but that is made easy looking to the fact that the petition is for migrant labourers.
Order Date :- 30.7.2021 Madhurima
Digitally signed by Justice Munishwar Nath Bhandari Date: 2021.08.05 15:22:15 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by JAYANT BANERJI Date: 2021.08.06 13:32:30 IST Reason: Document Owner Location: High Court of Judicature at Allahabad