The National Food Security Act, 2013 provides entitlements and rights to card holders, but also imposes limitations on their rights to prosecute complaints and maintain writ petitions, and provides for penalties for public servants or authorities found guilty of failing to provide recommended relief without reasonable cause.

JUDGMENT :

1. Complaints were made by the petitioners against the respondent No.5-fair price shop dealer of village panchayat Chandankati Chuha, Tehsil Chandausi, District-Sambhal 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.5 was cancelled by order dated 30.3.2019. The fair price shop dealer took the order of cancellation in appeal before the appellate authority. The Commissioner, Moradabad Division, Moradabad has passed an interim order dated 16.05.2019 in favour of the respondent No.5 in the Appeal No. 00697/2019, Computerized Case No. C201918000000697 (Rama Shankar Vs. State of U.P.).

2. The petitioners are aggrieved by the order dated 16.05.2019 passed by the Commissioner, Moradabad Division, Moradabad in the aforesaid appeal. The petitioners claim to be complainants and ration card-holders.

3. Learned Standing Counsel for the respondent-State contested the locus standi of the petitioners to maintain the writ petition. He relied on judgements handed down by this Court in the case of Ashfaq Vs. State of U.P. and others, reported at 2008 (4) ADJ 416 and in the case of Sriram Prasad and another Vs. State of U.P. and others, reported at 2016 (6) ADJ 122 and in the case of Dharam Raj Vs. State of U.P. and others, reported at 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 petitioners being the ration card holders, have 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 petitioners has called attention to the provisions of the National Food Security Act, 2013 to justify the locus standi of the petitioners. He submits that petitioners seek to enforce their rights vested by the Act of 2013.

5. Heard the learned counsel for the parties.

6. The locus standi of the petitioners who were 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 judgement 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. Complainants are very often card holders and beneficiaries of the welfare schemes. Malpractices indulged by the fair price shop dealers directly and adversely impact such complainants. They are 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 holders and their family members come within the meaning of aggrieved persons as defined in the Act of 2013. Such card holders being aggrieved persons are entitled to get their complaints 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