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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Vipin Sanghi, Ravindra Maithani, JJ.
Guru Chetna Swayam Sahayata Samooh, Libberhedi, Haridwar & Ors. - Appellants
Versus
State of Uttarakhand & Ors. - Respondents
Special Appeal No. 451 of 2022
Decided On : 11-01-2023
Interim Relief - Wheat Based Nutrition Programme - The court dismissed the appeal seeking interim relief to supply nutritional food, stating that granting the relief would be equivalent to granting the final relief in the writ petition.
Fact of the Case:
The appellants sought interim relief to supply nutritional food under the Wheat Based Nutrition Programme to Aaganbadi Centers in the State of Uttarakhand, as they were registered Self Help Groups / Mahila Mandals / village communities.
Finding of the Court:
The court found no merit in the appeal and dismissed it, stating that granting the interim relief would be equivalent to granting the final relief in the writ petition.
Issues: The issue was whether the appellants should be granted interim relief to supply nutritional food under the Wheat Based Nutrition Programme to Aaganbadi Centers in the State of Uttarakhand.
Ratio Decidendi: The court reasoned that granting the interim relief sought by the appellants would be tantamount to granting the final relief in the writ petition.
Final Decision: The court dismissed the appeal and disposed of the stay application.
JUDGMENT
Vipin Sanghi, CJ. - The present Special Appeal is directed against the order dated 02.12.2022, passed by the learned Single Judge, in Writ Petition (M/S) No. 3044 of 2022.
2. By the impugned order, while issuing notice in the petition, and calling for the counter-affidavits of the respondents, the learned Single Judge did not grant interim relief, as sought by the appellants. Writ petition is now listed for disposal on 03.03.2023.
3. The appellants / writ petitioners had sought the interim relief that they should be permitted to supply the take home ration / micro nutrient fortified energy dense food, and wheat / fortified rice and coarse grains under the Wheat Based Nutrition Programme as supplement nutritional food to Aaganbadi Centers in the State of Uttarakhand, on the ground that they are Self Help Groups / Mahila Mandals / village communities registered in the State of Uttarakhand.
4. We find no merit in this appeal. The grant of the interim relief, as sought by the appellants, would have tantamount to granting the final relief in the writ petition.
5. We, therefore, dismiss this Appeal.
6. Stay application (IA No. 01 of 2022) also stands disposed of.
Granting interim relief that is equivalent to granting the final relief in a writ petition is not permissible.
The court emphasized the importance of considering the petitioner's representation and making a decision in accordance with the law.
The National Food Security Act, 2013 supersedes previous directives regarding self-help groups, and petitioners lacked enforceable rights after contract expiration.
The court established that the provisions of the National Food Security Act impose a duty on the government to ensure the supply of nutritious food to vulnerable populations, and any arbitrary withdr....
The court's decision was based on the principle that the relevance of the reliefs sought in a petition can be affected by changed circumstances on the ground.
A petitioner may withdraw a writ petition to pursue an alternative remedy, and delays in filing appeals can be considered based on the petitioner's bona fide actions.
Interlocutory orders can be appealable if they materially affect rights; review jurisdiction is limited to errors visible on the record.
The Court reiterated that the State must comply with statutory provisions of the National Food Security Act to ensure adequate nutritional support for vulnerable populations and directed cessation of....
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