The National Food Security Act, 2013 provides comprehensive rights and entitlements for card holders, limiting their rights to prolong litigation and maintain writ petitions.

JUDGMENT :

Ajay Bhanot, J.

1. Complaints were made by the petitioner against the respondent No. 4-fair price shop dealer of village panchayat-Kamalpur Fatehabad, Tehsil-Bilari, District-Moradabad alleging malpractices in distribution of essential commodities on various dates. An enquiry was caused to be conducted into the aforesaid complaints. The enquiry report indicted the fair price shop dealer on certain charges, which led to the termination of his fair price shop licence. The fair price shop licence of the respondent No. 4 was cancelled by order dated 06.02.2018. The fair price shop dealer took the order of cancellation in appeal before the appellate authority. The Additional Commissioner (Administration), Moradabad Division, Moradabad has passed an order dated 06.03.2019 in favour of the respondent No. 4 in the Appeal No. C201813000001087, Rahees Alam vs. State of U.P.

2. The petitioner is aggrieved by the order dated 06.03.2019 passed by the Additional Commissioner, Moradabad Division, Moradabad in the aforesaid appeal. The petitioner claims to be complainant and ration card-holder.

3. Learned Standing Counsel for the respondent-State contested the locus standi of the petitioner to maintain the writ petition. He relied on judgments handed down by this Court in the case of Ashfaq vs. State of U.P. and Others, (2008) 4 ADJ 416 and in the case of Sriram Prasad and Another vs. State of U.P. and Others, (2016) 6 ADJ 122 and in the case of Dharam Raj vs. State of U.P. and Others, (2010) 2 AWC 1878 (LB) and Gram Vikash Sewa Samiti vs. State of U.P. and Others passed in Writ C No. 19941 of 2018. The petitioner being the ration card holder, has no right to seek cancellation of the licence of the fair price shop dealer by instituting a writ petition. The writ petition is not maintainable.

4. Learned counsel for the petitioner has called attention to the provisions of the National Food Security Act, 2013 to justify the locus standi of the petitioner. He submits that petitioner seeks to enforce her right vested by the Act of 2013.

5. Heard the learned counsel for the parties.

6. The locus standi of the petitioner who was the complainant to maintain the instant writ petition, has been dealt with in a judgment passed by this Court in the case of Gram Vikash Sewa Samiti vs. State of U.P. and Others in Writ C No. 19941 of 2018 entered on 30.08.2019. The judgment shall be reproduced in the succeeding paragraphs.

7. However, certain relevant facts of the provisions of law which need emphasis in this case will also be inserted at the appropriate places in the narration.

7.1. The statutory action has run its course and arrived at a terminus. The question arises whether the petitioner, who is a complainant, can continue the litigation any further and is entitled to maintain and prosecute the instant writ petition.

7.2. Complainant is very often card holder and beneficiary of the welfare schemes. Malpractices indulged by the fair price shop dealers directly and adversely impact such complainant. He is aggrieved parties. The right to obtain food-grains and essential commodities at controlled prices and the entitlements to the benefits of various distribution schemes are vested in the card holders by the National Food Security Act, 2013 (hereinafter referred to as the Act of 2013) and the Rules framed there-under. Irregularities committed by the fair price shop dealer in distribution of essential commodities leads to denial of statutory rights. The card holder and his family members come within the meaning of aggrieved persons as defined in the Act of 2013. Such card holder being aggrieved person is entitled to get his complaint verified against the defaulting fair price shop dealers. An inquiry can be initiated on the complaint. The card holder-complainant may tender evidence in the enquiry.

8. The assertion of the right by a complainant ensures transparency in the distribution of food-grains and enforces accountability in the functioning of the fair pr