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2007 Supreme(Online)(Chh) 52

CHHATTISGARH HIGH COURT
*Vijay Kumar Shrivastava, Dhirendra Mishra, JJ.
Durg Sahkari Vipnan Samiti Maryadit and Others v. State of Chattisgarh and Others


Table of Content
1. overview of fair price shop distribution policies. (Para 1 , 2 , 3 , 4)
2. judicial review of previous policy decisions declared ultra vires. (Para 5 , 6)
3. critique of amendments affecting fair price shop operations. (Para 7 , 8)
4. importance of timely distribution of foodgrains in public policy. (Para 10 , 11 , 21 , 24)
5. clarifying the validity of amendments under legislative competence. (Para 26 , 39)
6. final disposition of the petitions with specified orders. (Para 40)

1. All these writ petitions under Art.226 of the Constitution of India relate to challenge the validity of policy - decision for transportation of food - grains to fair price shops which abstains marketing societies or consumer stores to carry both the works together of lead agency and fair price shops. Constitutional validity of imposition of condition whereby maximum limit of three fair price shops has been incorporated in Public Distribution System (Control) Order, 2004 (for short "O.2004") for allotment of shops to various agencies. Issuance of public notice inviting tenders by the State Civil Supplies Corporation Ltd., for transportation of foodgrains, and vires of Clause 9(1)(2)(3)(4) of t










































































































































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