ALLAHABAD HIGH COURT
BEFORE : SURYA PRAKASH KESARWANI, J.
RAM LAKHAN ....Petitioner
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition Nos. 3253 and 6901 of 2017, decided on 20th April, 2017)
Result; Petition Disposed of.
Hon’ble Surya Prakash Kesarwani, J.—Heard Sri Ram Sagar Yadav, learned counsel for the petitioner in the leading writ petition and Smt. Kamala Devi Mishra, learned counsel for the petitioner in the connected writ petition. I have also heard learned standing counsel as well as learned counsel for the Gram Sabha. With the consent of the learned counsel for the parties, Writ-C No. 3253 of 2017 is treated as leading writ petition.
2. Petitioner in Writ-C No. 3253 of 2017 is resident of Village Panchayat Shoro, Tehsil Takha, District Etawah. He belongs to Scheduled Caste. He is aggrieved due to non-distribution of essential commodities in specified quantity and at specified rates by the respondent No. 4- fair price shop agent to card-holders as well as inaction of the State respondents in not redressing the grievances of the card-holders including the petitioner. Consequently, he has filed the leading writ petition.
3. The petitioner of Writ-C No. 6901 of 2017 claims that he belongs to a poor family and holds a ration-card in the name of his wife. He is resident of village Chhatargarh, Biharia, Tehsil Bara, District Allahabad. Aggrieved with non-distribution of essential commodities by the respondent No. 4- fair price shop agent and inaction of the State respondents despite complaint, the petitioner has filed the this writ petition praying to issue a writ, order or direction in the nature of mandamus commanding the respondent Nos. 2 and 3 to take appropriate action against the respondent No. 4.
4. Since this Court is coming across daily number of writ petitions being filed by ration card-holders either in their individual capacity or in their representative capacity as PIL raising their grievances against illegalities being committed by fair price shop agents in distribution of essential commodities and non-implementation of provisions of Chapter-III of U.P. Food Security Rules, 2015 (hereinafter referred to as ‘the Rules’) and the provisions relating to constitution of Vigilance Committees and Grievance Redressal Cells under the Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 (hereinafter referred to as ‘the Control Order, 2016’) and as such this Court, by order dated 23.1.2017 and 17.2.2017 passed in the leading writ petition; directed the respondent No. 1 to show-cause as to why Vigilance Committees under Rule 9 of the Rules and provisions of National Food Security Act, 2013 (hereinafter referred to as ‘the Act’), have not been constituted and made functional in the whole of the State of U.P.
5. Faced with the situation briefly stated above, this Court passed an order dated 14.2.2017 in the connected writ petition as under:
“Heard learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.
Chapter 3 of U.P. Food Security Rules, 2015, provides for grievances redressal system by appointment of District Grievance Redressal Officer, for redressal of Grievances of Ration Card holders with respect to non distribution or illegality in distribution of essential commodities by fair price shop agent and matters relating thereto. Rule 9 of the Rules provides that the State Government may constitute vigilance committees at fair price shop level, block level, District level and State level.
Number of writ petitions are being filed daily before this Court by individuals raising their grievances against illegalities in distribution of essential commodities by fair price shop agents. These writ petitions are being filed for reasons that either grievance redressal system as provided in the Chapter III of the Rules, has not been implemented by State Government so far or it is not properly working. The Control Order, 2016 also takes care for redressal of grievance of ration card holders. Grievance of ration card holders are not being redressed within the prescribed time as it also appears from perusal of the page 14 of the writ petition.
In view of the aforesa
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