Awadhesh Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Modern science and technology had transformed life of million of people across the globe. In this 21st Century, technology has helped various Government in uplifting and shaping the life of poor and downtrodden by implementing various beneficial scheme, through the use of technology.
2. One such move was made by Central Government in implementing National Food Security Act, 2013 (hereinafter called as “Act of 2013”), which provided for food and nutritional security in human life cycle approach, by ensuring access to adequate quantity of quality food at affordable prices to people to live a life with dignity and for matters connected therewith or incidental thereto.
3. For the first time, ration card holders were to be distributed essential commodities under the “Targeted Public Distribution System”. Section 2(23) of Act of 2013 defines the word “Targeted Public Distribution System” as under :
4. Act of 2013, vide Section 3 for the first time, recognized the right of an individual belonging to ‘priority households’ to r
Point of Law : The system was foolproof and once authentication was done by the Competent Authority, no change can be made in the details feeded in the Machine.
Cancellation of fair price shop dealership requires adherence to due process, including a preliminary inquiry proving allegations of misconduct, as mere registration of an FIR is not sufficient to es....
A dealer is bound by the license/agreement and violation of any of the conditions of the agreement leads to suspension/revocation of his license.
The court emphasized that the appellants had no legal right to challenge the State's policy decision, as it was taken at the top level of the administrative hierarchy and implemented through the subs....
The State Government exceeded the limit of delegation by obliging the Fair Price Shop dealers to distribute the rations to the beneficiaries at their doorstep in absence of any authority to that effe....
The administrative authority must adhere to principles of natural justice and cannot penalize without following due process; however, the burden of proof remains on the licensee to show compliance wi....
Essential Commodities - Duare Ration Scheme - Implementation of Scheme - In a democracy, it is prerogative of elected Government to follow its own policy - Unless any illegality is committed in execu....
The State Control Order, 2013 remains effective and is not rendered redundant by the NFSA, 2013 or TPDS Control Order, 2015 until full implementation of the NFSA is established.
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