Court No. - 45
Case :- WRIT - C No. - 20239 of 2018 Petitioner :- Ramchet Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Bhaju Ram Pprasad Sharma,Jitendra Kumar Srivastava Counsel for Respondent :- C.S.C.,Dharam Deo Chauhan
Hon'ble Ajay Bhanot,J.
The petitioner is a resident of village panchayat Saraia Baksi (Gosai Khadra), District-Basti. The contention of Shri Jitendra Kumar Srivastava, learned counsel for the petitioner is that the petitioner is eligible for grant of card and also entitled to benefits under the National Food Security Act, 2013 and other beneficial schemes being run by the State Government. Shri J.K. Srivastava, learned counsel for the petitioner submits that the authorities are under obligation of law to issue a card to the petitioner. The learned counsel places reliance on Order 4 of the U.P. Essenttial Commodities (Regulation of Sale and Distribution Control) Order 2016. For ease of reference, the provision is being extracted hereunder:
"4. Ration Cards.-(1) The State Government shall issue ration cards to the eligible households as mentioned in the final list specified under sub- clause (14) of Clause 3:
Provided that while issuing ration cards to the eligible households, the Food Commissioner shall ensure that the coverage of the number of eligible households is not merely done with a view to exhausting the State- wise ceiling of number of eligible households.
(2) The State Government shall issue a ration card only to a citizen of India who is resident of this State and who fulfills the conditions for getting a ration card as may be prescribed by the State Government:
Provided that the State Government may also issue a ration card to a household or a person residing in the State by virtue of the household or person being granted the status of a refugee and is allowed the entitlement of benefits on humanitarian grounds by the Central Government.
(3) The State Government shall ensure that a ration card, whether paper based or a smart card, is issued for use under the Targeted Public Distribution System or Schemes mentioned in the Food Security Act or a specific scheme of the State Government for distribution of essential commodities.
(4) While issuing a smart card instead of ration Cards the State Government shall ensure that a point of sale electronic device for reading the smart card is installed at the fair price shop.
(5) The State Government shall issue separate and distinct ration cards to the Antyodaya households and the priority households.
(6) Ration card shall not be used as a document of identity or proof of residence.
(7) The State Government shall prescribe suitable form of application for new ration card and modification in the existing ration card.
(8) Any modification referred to in sub-clause (7) may be made on account of shifting or residence, birth or death, change in category of beneficiary, corrections in the details mentioned in the card or any other such reason.
(9) The form referred to in sub-clause (7) may include requisite details including Aadhaar number, bank account details, and mobile telephone number.
(10) The Food Commissioner shall retain all the information under this clause in the software prepared by National Informatics Centre or as per the fields and standards prescribed by the Central Government.
(11) The Food Commissioner shall maintain the ration card data in the digitized database and ensure that issue of a new ration card and modification in the existing ration card is undertaken through the software programme so that the database is automatically updated.
(12) The State Government shall designate the authority and office for receiving, registering, acknowledging and processing of application for issuance of ration card or modification in the ration card.
(13) The State Government may also prescribe the procedure for receiving the application through online mechanism including the use of e-service centers, kiosks.
(14) The designated authority shall issue a ration card to an eligible applicant within a reasonable time not exceeding one month of the date of receipt of the application after necessary checks and verification.
(15) The designated authority shall issue a ration card in replacement of existing ration card only when the existing ration card is lost or becomes unfit for use on account of being damaged or mutilated or is exhausted fully or where there are requests for modification in the ration cards.
(16) The details of the services relating to the ration cards and time frame for delivery of services shall be notified by the State Government and displayed in the public domain including on the State web portal.
(17) The list of the ration card holders shall be displayed in the public domain including in the office of the local authority and on the State web portal, showing, the category-wise names of the eligible households and their members.
(18) The Food Commissioner shall make all endeavors to eliminate bogus or ineligible ration cards as a continuous exercise.
(19) The Foods Commissioner shall organize an annual special drive before the end of every financial year for the elimination of bogus or ineligible ration cards.
(20) The State Government shall submit a report of ration cards deleted or cancelled on quarterly basis to the Central Government in the format at Annexure-II.
(21) The State Government may issue directions under this order to specify manner in which ration cards are to be issued from time to time."
The learned counsel for the petitioner draws attention to the sub-order 12 of the aforesaid provision wherein the designated authority is under a mandate of law to process an application for issuance of the ration card and to issue the same. The only submission of the learned counsel for the petitioner is that he has already submitted an application in this regard and the same may be decided within a stipulated period of time.
The learned Standing Counsel has no serious objection to the prayer being granted.
The respondent No.3 is directed to verify the credentials of the petitioner and enquire into his eligibility for grant of card holder within a period of one month from the date of receipt of a certified copy of this order along with a copy of the representation. In case the petitioner is found eligible for grant of ration card, the same shall be issued and the ration and other essential commodities shall also be released in favour of the petitioner as and when they become due.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 29.5.2018 Ashish Tripathi