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2015 Supreme(P&H) 2185
IN THE HIGH COURT OF PUNJAB AND HARYANA
RAKESH KUMAR JAIN, J.
ROSHAN LAL PREM CHAND (M/S) – Appellant
Vs.
STATE OF PUNJAB – Respondent
CWP No. 1780 of 2013
Decided On : 30-10-2015
For the Appellant :Vijay K. Jindal, Advocate.
For the Respondent:V. Ramswaroop, Addl. A.G, Punjab, Ajay Pal Singh, Advocate for A.K. Sharma, Advocate.
The main legal point established in the judgment is the entitlement of fair price shop owners to transportation charges and margin money for Wheat and Dal under the Atta Dal Scheme, as well as the applicability of the National Food Security Act, 2013 to the scheme.
Headnote:
Margin Money and Transportation Charges - Fair Price Shop - Essential Commodities Act, 1955, Punjab Public Distribution System (Licensing and Control) Order, 2003 - Atta Dal Scheme - Section 22 of the National Food Security Act, 2013
Fact of the Case:
The petitioner, a fair price shop owner, sought payment of margin money and transportation charges for distribution of Wheat and Dal under the Atta Dal Scheme. The court directed the authorities to consider and dispose of the petitioner's claim, leading to subsequent orders and representations.
Finding of the Court:
The court found that the petitioner was entitled to transportation charges and margin money for Wheat/Atta separately from Pulses/Dal under the Atta Dal Scheme, and that the respondents' denial of these payments was arbitrary and unreasonable, violating constitutional provisions.
Issues: The main issue was the entitlement of the fair price shop owner to transportation charges and margin money for Wheat and Dal under the Atta Dal Scheme, as well as the applicability of the National Food Security Act, 2013 to the scheme.
Ratio Decidendi: The court held that the fair price shop owner was entitled to separate transportation charges and margin money for Wheat/Atta, distinct from Pulses/Dal, under the Atta Dal Scheme, and that the respondents' denial of these payments was arbitrary and unreasonable, violating constitutional provisions.
Final Decision: The court allowed the writ petition and directed the respondents to pay transportation charges and margin money to the petitioner for Wheat/Atta under the Atta Dal Scheme within three months.
Rakesh Kumar Jain, J.
The petitioner is running a fair price shop since the year 1985-86. He had earlier filed CWP No. 6047 of 2009 for payment of margin money and transportation charges for distribution of Wheat and Dal under the Atta Dal Scheme. The said writ petition was disposed of on 22.04.2009 with the following order :-
"Notice of motion to respondents No. 1 to 3 only.
Mr. G.S. Attariwala, Additional Advocate General, Punjab, accepts notice.
In view of nature of order which I propose to pass, there is no necessity to seek any counter-affidavit from the official respondents and/or to issue notice to rest of the respondents.
The petitioners are depot holders and are running fair price shops for the sale/purchase/storage of essential commodities under the Public Distribution System. They seek a mandamus for payments of 'margin money' and 'transportation charges' for distribution of wheat and dal under the 'ATTA DAL SCHEME'.
The aforesaid claim is founded upon the Government policies, copies of which have been appended as Annexures P-2, P-7, P-8 and P-10. The petitioner's grievance is that they have represented the respondents several times and also served them with legal notices dated 19.01.2009 (Annexure P-9) and 16.03.2009 (Annexure P-11) but no action for the release of the afore-mentioned reliefs has been taken so far.
Having heard learned counsel for the parties and considering the nature of relief sought in this writ petition, but without expressing any views on the petitioner's claim, I deem it appropriate to dispose of this writ petition with a direction to respondent No. 2-Director Food, Civil Supplies and Consumer Affair Department, Punjab, to consider and dispose of the petitioner's claim regarding payment of 'margin money' and 'transportation charges', under the 'ATTA DAL SCHEME' and if they are found entitled, release the same within a period of four months from the date of receipt of certified copy of this order.
Let a copy of this order be given dasti on payment of usual charges."
Pursuant to the aforesaid order, the Department of Food and Supplies passed the order dated 02.09.2009 in the following terms :-
"1. Under Atta Dal Scheme Atta and Dal can not be separated. Under this Scheme Rs. 15/- per Qtl. as transportation charges and Rs. 6.60/- per Qtl. as Margin money are already being paid on Dal. Atta and Dal Scheme to be two separate commodities but it is single scheme of the State Government. There is no justification to pay Margin money and transportation charges at two different places under one scheme.
2. The benefits of Atta Dal scheme is being given to the lowest class of the society. Any increase by any means/method will prima facie effect the prices of the commodities by which the object of the scheme would be frustrated.
3. The allotment of depot to the depot holders is being done with their consent on their application. If any depot holders does not find this business profitable, he can surrender the depot.
4. Under clause 5(i) of the public distribution system (licencing and control) orders, 2003 prices of public distribution commodities is to be fixed by the Government of Punjab itself. Therefore, the financial benefits which are being given under Atta-Dal scheme are approved by the Finance Department of the State Government."
The petitioner challenged this order by way of another CWP No. 14597 of 2009, which was disposed of on 19.10.2011 with the following order :-
"1. The petitioners, who are fair price depot holders claim margin money and transportation charges for wheat, which is supplied at Atta Dal Scheme. The grievance is that the margin money of Rs. 6.60 per quintal, which is afforded to Dal only is not extended for wheat.
2. This Court had an occasion to deal with a related subject in M/s Zamindara Oil Store Rampura Phool v. State of Punjab in C.W.P. No. 779 of 2010 dated 14.07.2011 wher
