Heard Sri Arvind Kumar Singh II, learned Advocate who appeared in support of the writ petition, Sri Gajendra Pratap, learned Senior Advocate who appeared to assist the court and similarly Sri S. D. Dubey, learned Advocate.

Sri M. C. Chaturvedi, learned Chief Standing Counsel assisted by Dr. Y. K. Srivastava, appeared and argued from the State side.

This Full Bench has been constituted to resolve a issue, in view of the conflicting opinion in certain cases by Division Benches of our court.

The point happens to be very small but it has an effect on the powers of the authority exercising the powers which will be just noticed and that has a wide range of effect on the rights of a claimant/beneficiary challenging the exercise on one hand and the public at large on the other hand.

Instead of taking time in noticing the facts and the details in the context in which question arose, to understand the controversy so involved we are to hurriedly notice, needed details in short.

To ensure the proper distribution of essential commodities which are bare need of the public they are to be distributed through the public distribution system for which Essential Commodities Act, 195