W.P.(C.) Nos. 2037/2021 & 13104/2021

Page 1 of 174

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on:

10.01.2022

%

Judgment delivered on:

19.05.2022

+

W.P.(C)

2037/2021 and C.M. Nos.5977/2021, 11265/2021,

14906/2021, 21333/2021, 32080/2021, 32082/2021, 32083/2021,

32149/2021, 32172/2021, 32212/2021, 37963/2021, 37964/2021 &

37981/2021

DELHI SARKARI RATION DEALERS SANGH

DELHI

..... Petitioner

Through:

Mr.

Visheshwar

Shrivastav,

Advocate.

versus

COMMISSIONER FOOD AND SUPPLIES

GOVT OF NCT OF DELHI & ORS.

..... Respondents

Through:

Dr. Abhishek Manu Singhvi &

Mr.Rahul Mehra, Senior Advocates

with Mr. Gautam Narayan, ASC and

Ms. Asmita Singh, Advocate, for the

State/ GNCTD.

Ms. Aishwarya Bhati, ASG with

Ms.Monika Arora, CGSC and Mr.

Yogesh Panwar, Mr. Ameyavikrama

Thanvi & Mr.Shoumendu Mukherjee,

Advocates for respondent/ UOI.

Mr. Anurag Sarda & Mr. Ashutosh

Mishra, Advocates for respondent

No.6/ Brandavan Food Products.

Mr. D.P. Singh, Mr. Saumay Kapoor

& Ms. Puja Raghavan, Advocates for

respondent No.9.

Mr. Talha A Rahman, Mr. M. Shaz

Khan, Mr. Harsh V Kediya and

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001906

W.P.(C.) Nos. 2037/2021 & 13104/2021

Page 2 of 174

Mr.Saurabh

Seth,

Advocates

for

Intervenor/ Bandhua Mukti Morcha.

+

W.P.(C) 13104/2021 and C.M. Nos.41322/2021 & 41323/2021

DELHI RATION DEALERS UNION & ORS.

..... Petitioners

Through:

Mr. Yash Aggarwal & Ms.Chitrakshi,

Advocates.

versus

UNION OF INDIA & ORS.

..... Respondents

Through:

Mr. Manish Mohan, CGSC with

Ms.Dhwani Sharma, Advocate for

respondent/ UOI.

Mr. Om Prakash, Standing Counsel

with Mr.Pradeep Kumar Tripathi &

Mr. Anil Kapoor, Advocates for

respondent No.4/FCI

Dr. Abhishek Manu Singhvi &

Mr.Rahul Mehra, Senior Advocates

with Mr. Gautam Narayan, ASC and

Ms. Asmita Singh, Advocate, for the

State/ GNCTD.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE

HON'BLE MR. JUSTICE JASMEET SINGH

J U D G M E N T

VIPIN SANGHI, J.

INTRODUCTION – SUBJECT MATTER OF CHALLENGE

1.

In challenge in these two writ petitions, primarily, is the Door Step

Delivery of Ration Scheme evolved by the Government of National Capital

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001906

W.P.(C.) Nos. 2037/2021 & 13104/2021

Page 3 of 174

Territory of Delhi (GNCTD). The same, in effect, seeks to by-pass the

existing Fair Price Shop (FPS) Owners/Dealers in the matter of distribution

of foodgrains and wheat flour (Atta) at the door step of the beneficiaries

under the Targeted Public Distribution System (TPDS).

2.

W.P.(C) No. 2037/2021 has been preferred by a registered society of

FPS Owners/Dealers i.e. the FPS licensees appointed under the Essential

Commodities Act, 1955 (ECA).

3.

W.P.(C) No. 13104/2021 has been preferred by the Delhi Ration

Dealers Union through its President and six other individual petitioners.

Whereas, petitioner No.1 is a Union of more than 700 FPS owners under the

National Food Security Act, 2013 (NFSA), who are engaged in providing

rations to TPDS card holders, petitioner Nos. 2 to 7 are some of the FPS

owners who are also members of the petitioner No.1 union. These

petitioners have been licensed by the GNCTD to provide ration to TPDS

card holders.

4.

While in W.P.(C.) No. 2037/2021, the petitioners challenge the

Mukhya Mantri Ghar Ghar Ration Yojna (MMGGRY) Scheme and the

tender numbers - Bid I.D. No. 2021_DCCWS_198395_TENDER Issuing

Date: 06/01/2021, Bid I.D. No.2021 DSCSC198921_1 TENDER Issuing

Date: 19/01/2021, and Bid I.D. No.2021 DSCSC198916_1 TENDER

Issuing Date : 19/01/2021 issued by the GNCTD. In W.P.(C.) No. 13104/

2021, the petitioners seek a restraint against the GNCTD from authorizing

delivery of Ration at the Doorsteps of the TPDS beneficiaries through any

other agency, other than the FPS owners. The petitioners seek a direction to

the GNCTD to allow FPS Ow