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Court No. - 18

Case :- WRIT - C No. - 6798 of 2021

Petitioner :- Sohanpal Singh

Respondent :- Joint Commissioner (Food And Civil Supplies), Meerut

Division And 2 Others

Counsel for Petitioner :- Shad Khan,Mumtaz Ali

Counsel for Respondent :- C.S.C.

Hon'ble Ajay Bhanot,J.

1. Complaints were made by the petitioner against the

respondent No.3-fair price shop dealer of Village-Akapur

Tiyana Vikas Khan, B.B.Nagar, Tehsil-Sayana, District-

Bulandshahr, 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 her fair price shop

licence. The fair price shop licence of the respondent No.3

was cancelled by order dated 14.07.2020. The fair price shop

dealer took the order of cancellation in appeal before the

appellate authority. The Joint Commissioner (Food and Civil

Supplies), Meerut Division, Meerut by order dated

18.09.2020 passed in Appeal No.21/2019-20 (Computerized

Suit No.C202011000000524 (Kumari Mona Vs. State of

U.P.) has reversed the order of termination dated 14.07.2020

and reinstated the respondent no.3 as the fair price shop

dealer. Thereafter, the petitioner moved an application for

recall of the order dated 18.09.2020. The same has been

dismissed by the respondent No.1-Joint Commissioner

(Food and Civil Supplies), Meerut Division, Meerut.

2. The petitioner is aggrieved by the order dated 18.09.2020

passed by the respondent No.1-Joint Commissioner (Food

and Civil Supplies), Meerut Division, Meerut in the

aforesaid appeal as well as the order dated 19.10.2020. The

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petitioner is the complainant.

3. Learned Standing Counsel for the respondent-State

contested the locus standi of the petitioner 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 and Nazuk Vs. State of

U.P. and others, reported at 2019 (12) ADJ 832. The writ

petition is not maintainable. Various provisions of the

National Food Security Act, 2013 are also relied upon.

4. Heard the learned counsel for the parties.

5. The locus standi of the petitioner who was the

complainant to maintain a instant writ petition against an

order of the licensing authority or appellate court, 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.

6. The statutory proceedings against the respondent no.3

have run their course and arrived at a terminus. The question

now 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. Complainant is very often a card holder and beneficiary of

the welfare schemes. Malpractices indulged by the fair price

shop dealers directly and adversely impact such

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complainant. He is an aggrieved party. 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