Madhya Pradesh High Court
Seva Sahkari Samiti Mydt. Magardha vs The State Of Madhya Pradesh on 21 June, 2016
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WP 8033/2014, WP 8036/2014, WP 8769/2014,
WP 9183/2014 , WP 10206/2014, WP 12077/2014, WP
12133/2014, WP 12971/2014 WP 13046/2014, WP
13964/2014, WP 14043/2014, WP 14312/2014 , WP
14959/2014, WP 15431/2014 WP 16748/2014, WP
18528/2014, WP 19777/2014, WP 2761/2015, WP
2865/2015, WP 3039/2015, WP 3249/2015,
WP 3361/2015, WP 3711/2015, CONC 468/2015,
WP 4442/2015, WP 4708/2015, WP 4709/2015,
WP 4851/2015, WP 5807/2015, CONC 759/2015,
WP 7254/2015 CONC 1097/2015, WP 14253/2015,
WP 14255/2015 and WP 14584/2015
21.6.2016.
Shri Anshul Dixit, learned counsel for petitioner in Writ
Petition No.8769/2014.
Shri Shashank Shekhar Dugwekar, learned counsel for
petitioner in Writ Petition No.9183/2014.
None for other petitioners.
Ms. Vandana Shrivastava, Panel Lawyer for State of Madhya
Pradesh and its functionaries.
Shri Shobhitaditya, learned counsel for Madhya Pradesh
State Civil Supplies Corporation Ltd.
Heard.
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1.Vide these batch of writ petitions which are linked together, the petitioners-Lead Societies, registered under Madhya Pradesh Cooperative Societies Act, 1960, engaged in work of storage and transportation of essential commodities from base depot of Madhya Pradesh State Civil Supplies Corporation, to the Fair Price Shops run by Primary Link Societies, question the notice issued by M.P. State Civil Supplies Corporation inviting tender from private transporters for transportation of essential commodities from base depot to the fair price shops for the period from 1.6.2014 to 31.5.2015 on the anvil that inviting tenders from private transporters during existence of contract with petitioners, is arbitrary, illegal and contrary to the stipulations contained in the Madhya Pradesh Public Distribution System (Control) Order, 2009. Petitioners also seek quashment of the policy of State Government "Dwar Tak Pradaya ¼}kj rd iznk;½" brought in vogue vide Circular No.F-7-17/2014/29-1 dated 2.7.2014 purportedly issued under Article 166 of the Constitution of India in the name of Governor of Madhya Pradesh in furtherance to National Food Security Act, 2013.
2. In some of the petitions (WP 4851/2015), besides these two :: 3 ::
reliefs, petitioner has also questioned the order passed by Collector of suspending the licence for violating the stipulations contained in Control Order, 2009 and Section 3 read with 7 of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980.
3. In some of the petitions (WP 4708/2015 & WP 4709/2015), decision to authorize M.P. State Civil Supplies Corporation to undertake the transportation of essential commodities from its depot to the Fair Price Shop is also questioned.
4. Evidently, the challenge emanates from the policy decision dated 2.7.2014 known as "Dwar Tak Pradaya", meaning "supply to door step" which, in turn, emanates from the decision of the Supreme Court in People's Union For Civil Liberties (PDS Matters) vs Union of India (2013) 2 SCC 663, wherein following mandate was issued : -
"10.1 The Civil Supplies Corporation or the department where Corporation is not formed should lift the stock from the FCI godowns and deliver it to the FPS for distribution. The States which have decentralized procurement scheme, supply of food grain can be made directly from the state godown to the FPS. There should be door step delivery at FPS :: 4 ::
Level. As far as possible, there should be no intermediately storage by the corporation after lifting the stock from FCI godown. This will help in reducing the cost incurred on multiple handling as well as reduce the pilferage and diversion of PDS food grain. Wherever possible, corporation can also have their own trucks for carrying of stocks from the FCI/State godowns to the FPS. The Corporation can also provide Mobile vans for distribution of PDS items in the inaccessible areas.
10.2 Further, induction of Global Positioning System (GPS) technology keep a track on the movement of trucks carrying food grains from the FCI to Fair Price Shops. This will also enable the authority to fix responsibility on the transporter if the stock does not reach the FPS at the scheduled time. Steps should also be taken to make the trucks carrying PDS food grain identifiable either by painting them with a specific colour or by putting banners stating that they are carrying PDS commodities."
5. That vires of the policy being not challenged, the same cannot be faulted with as the same is in consonance with the decision in People's Union For Civil Liberties (supra) as would warrant any interference. Nor the follow up action can be faulted with.
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6. As to challenge to NIT, the same is now academic because the period for which the NIT was issued i.e. from 1.6.2014 to 31.5.2015 is past over as would now give rise to any cause of action. Therefore, for these reasons, while giving the legal issue open qua the policy in vogue, petitions are disposed of qua the NIT, being rendered infructuous.
7. Consequently, writ petitions and contempt petitions stand disposed of finally. No order as to costs.
(SANJAY YADAV)
vinod JUDGE