Jammu & Kashmir High Court
Vinkle Singh vs State Of J&K And Others on 27 May, 2022
Author: Sindhu Sharma
Bench: Sindhu Sharma
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
OWP No. 519/2018
IA No. 01/2018
IA No. 02/2018
Pronounced on: 27 .05.2022.
Vinkle Singh .... Petitioner (s)
Through:- Mr. Rahul Pant, Sr. Advocate with
Mr. Anirudh Sharma, Advocate.
V/s
State of J&K and others .....Respondent(s)
Through:- Mr. H. A. Siddiqui, Sr. AAG for R-1 to
4.
Mr. Vinod Kotwal, Advocate for R-5.
CORAM : HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
JUDGMENT
01. The petitioner was issued Fair Price Shop licence for opening the same in Village Dugli-B, Tehsil Bhalla, District Doda vide Government Order No. 50-FCS&CA of 2018 dated 20.02.2018. This Government order also directed detachment of 250 ration tickets from the existing sale center at Dugli. On 08.03.2018, the respondent No. 1 vide Government Order No. 64-FCS&CA of 2018 issued Fair Price Shop license in favour of Arvind Kumar-respondent No. 5 for location Dharafra Tehsil Bhalla District Doda and it also directed detachment of 227 families from the existing Fair Price Shop and the same were attached with him.
02. The contention of the petitioner is that after issuance of the Government Order No. 50-FCS&CA of 2018 dated 20.02.2018 in favour of respondent No. 5, the respondent Nos. 3 and 4 are misreading and misinterpreting the said order and applying the same to the rationees 2 OWP No. 519/2018 attached with the Fair Price Shop of the petitioner. This would mean that the rationees attached to Fair Price Shop operated by the petitioner would decrease considerably from the norm fixed i.e. 250 rationees for every Fair Price Shop.
03. The existing Fair Price Shop at Village Dugli according to the petitioner is catering to the rationees not only from village Dugli but also of villages of Dharafra and Chilly. In fact, the Tehsil Supply Officer, Food, Civil Supplies and Consumer Affairs Department, Doda had recommended the case of the petitioner for issuance of Fair Price Shop at Village Dugli-B as in Village Dugli, a Fair Price Shop was already existing, therefore, two Fair Price Shops were sanctioned, one at Dugli and another at Dulgi-B, having a distance of more than 2 Kms.
04. Keeping in view the new location of Fair Price Shop center Dugli- B, the rationees of village Dharafra were amongst the 227 rationees attached to the petitioner's Fair Price Shop at Dugli-B. The petitioner submits that there were 588 families which were attached with the original Fair Price Shop in Village Dugli, 250 families from the same were detached and allotted to the petitioner leaving behind only 338 families with the existing dealer at Dugli.
05. The respondents, in terms of Government Order No. 64-FCS&CA of 2018 dated 08.03.2018 have ordered detachment of 227 families from the existing Fair Price Shop. These 588 families were entitled for ration from the Fair Price Shop catering to Village Dugli, Dharafra and Chilly and out of these 588 families, petitioner has been allotted 250 families, whereas, existing Fair Price Shop at Dugli was catering to the rest of 388 families, thus, detachment of 227 families from the existing Fair Price 3 OWP No. 519/2018 Shop dealer would result more families being detached from the Fair Price Shop operated by him which is against the policy framed by the Government i.e. minimum 250 rationees for every Fair Price Shop. The Government Order No. 127-FCS&CA of 2016 dated 04.08.2016 which stipulates that new Fair Price Shop is to be opened only for 250 ration tickets. The Tehsil Supply Officer of Bhala vide his communication dated 03.05.2017 has also clarified this fact.
06. The petitioner is, thus, aggrieved of Government Order No. 64- FCS&CA of 2018 dated 08.03.2018 granting sanction to respondent No. 5 for opening of Fair Price Shop at Village Dharafra, Tehsil Bhala, District Doda as the same is contrary to the policy framed by the respondent for allotment of Fair Price Shop. The opening of Fair Price Shop, as per the petitioner, in the absence of the rationees to whom it has to cater is bad and, as such, same is required to be set aside. The order of detaching the rationees from the existing Fair Price Shop of the petitioner will leave only 88 families and this will not only be against policy but also affect him harshly. The petitioner, thus, seeks quashing of Government Order No. 64-FCS&CA of 2018 dated 08.03.2018 whereby license for Fair Price Shop has been issued in favour of the respondent No. 5 for location at Dharafra and also a direction to the respondents to allow the petitioner to run his Fair Price Shop at Village Dugli-B in terms of the license issued vide Government order dated 20.02.2018 with 227 number of rationees unaffected by Government Order No. 64-FCS&CA dated 08.03.2018.
07. The official respondents in their objections submit that, it is the public interest which is the paramount consideration for granting license for operation of Fair Price Shop which is to provide ration at the nearest 4 OWP No. 519/2018 location/door step to the people of the area. There is no right vested in any ration dealer to avail any specific number of rationees attached to his Fair Price Shop. According to the respondents, they sought feasibility report from the Assistant Director, Department of FCS&CA, Doda vide letter dated 30.05.2017, sought recommendations from the field functionaries, public of the Village Dharafra Tehsil Bala regarding ration received by them from the existing Fair Price Shop at Dulgi run by Sh. Feroz Din dealer. There were 588 families attached with this Fair Price Shop run by Sh. Feroz Din dealer. It was proposed that out of said 588 families, 227 families may be attached with the proposed Fair Price Shop at Dharafra. Since the entire terrain is hilly and far flung due to which the public of the area is facing difficulties in procuring ration from the existing Fair Price Shop. Therefore, on the basis of the recommendations received from the field functionaries, the Administrative Department vide Government Order No. 64-FCS&CA of 2018 dated 08.03.2018, sanction was accorded for opening of Fair Price Shop at Dharafra in terms of Government Order No. 127-FCS&CA of 2016 dated 04.08.2016. Since the area is hilly, far flung and inaccessible, therefore, in terms of the policy the Fair Price Shop can be opened for lesser number of families also.
08. Reliance is also placed by the respondents on Clause IV of the guidelines notified vide Government Order No. 127-FCS&CA of 2016 dated 04.08.2016 which reads as under:
"New FPS will be opened for every 200-250 families but if in a revenue village, there are lesser families, opening of New FPS will not be a constraint, however in case of hilly/inaccessible area opening of FPS can be for lesser number of families also."5 OWP No. 519/2018
09. Respondent No. 5 has also submitted that inhabitants of village Dharafra and connected hamlets, namely, Galli, Dhalla, Nala, Ghiri of Tehsil Bhalla passed a resolution on 05.10.2017 demanding for opening of a Fair Price Shop at Village Dharafra, Bhalla and recommended the name of respondent No. 5 to run the same as the public was facing immense hardship for carrying ration from the existing Fair Price Shop at Village Dugli which is at a distance of about 03 KMs from Village Dharafra and is located in a hilly terrain.
10. It is submitted that petitioner is belonging to Village Dugli whereas the Fair Price Shop was proposed to be opened at Village Dharafra, and in terms of Government Order No. 127-FCS&CA of 2016 dated 04.08.2016 salesman running Fair Price Shop should be a local youth of the village. Therefore, the petitioner can have no grievance against the opening of the shop at Village Dharfra. The rationees of Village Dharafra, Chilli were admittedly being catered by the Fair Price Shop at Dugli and there was no Fair Price Shop at Village Dharfra to cater the families. The respondents after considering the difficulty of the inhabitants of the area have sanctioned Fair Price Shop at Village Dharafra to cater to the local needs of the villagers.
11. Heard learned counsel for the parties.
12. The guidelines/norms for opening of Fair Price Shop under the targeted public distribution (control) order 2016 are contained in Government Order No. 127-FCS&CA of 2016. It provides the guidelines for opening of new Fair Price Shop which are as under:
"(i) new Fair Price Shop shall be opened for every 250 RT's. However existing Fair Price Shop holder will retain more RT's if there is no feasibility of 6 OWP No. 519/2018 opening second Fair Price Shop i.e. there can be upto 499 RTs with a FP Shop.
(ii) Rationees should have F. P. Shop/Govt. Sale Depots within radius of 1.5 to 2km from their residence subject to having 250 RTs to be bifurcated.
(iii) Location of the F.P. Shop shall not be changed by the F.P.S holder without the written permission of concerned Assistant Director.
(iv) New FPS will be opened for every 200-250 families but if in a Revenue Village, if there are lesser families opening of new FPS will not be a constraints, however in case of hilly/inaccessible area opening of FPS can be lesser number of families also."
13. The respondent No. 5 has been appointed as a ration dealer for the new Fair Price Shop located at Village Dharafra, Tehsil Bhalla, District Doda vide Govt. order dated 08.03.2018 and detachment of 227 families from the existing Fair Price Shop of the petitioner and they were directed to be attached with the same. The respondents in order to cater the local needs, have sanctioned opening of Fair Price Shop at Dharafra. The area being hilly and far flung, the same can be for lesser number of families which is in consonance with the scheme.
14. The grievance of the petitioner regarding detachment of families is also misplaced as only those families of Dharafra which were attached earlier with the existing Fair Price Shop at Dugli have been detached. On the asking of the inhabitants of the local area and after seeking the feasibility report, the respondents have opened Fair Price Shop at Village Dharafra. The policy for opening the Fair Price Shop also provides the far flung, hilly area as the distance is more than 3km. The Fair Price Shop can 7 OWP No. 519/2018 be opened for lesser family members as the scheme is to cater to their needs.
15. The only contention of the petitioner is that it is against the policy and it is also misplaced as the policy provides for opening of new Fair Price Shop, in case, of hilly and inaccessible areas for certain number of families.
16. The National Food Security Act of 2013 has been enacted for providing food nutritional security by ensuring access of adequate quantities of quality food at affordable prices. It further provides for public distribution by means of door step delivery of food grains under targeted public distribution system, therefore, it is the convenience of the public who is to receive the ration which is to be seen, more so when the topography of the area is hilly.
17. The petitioner is unable to show how he is entitled for any particular number of Ration Tickets as there is no assurance extended by the respondents that the ration tickets will not be decreased, reduced or varied. The respondents in order to provide ration under public distribution at the door-step have with a view to implement National Food Security Act, 2013 to provide quality and quantity of food grains to targeted population, opened the Fair Price Shop at Village Dharafra. The Government has to provide the scheme of fair distribution of food grains at the doorstep delivery, which they have done.
18. The respondents have in order to serve the interest of rationees of Village Dharafra after considering their application have opened a Fair Price Shop in Village Dharafra and since the petitioner's Fair Price Shop is at Village Dugli-B, he cannot be aggrieved of the same, more so when 8 OWP No. 519/2018 he himself admitted that the Ration Tickets of Village Dharafra attached to Dugli-B. Therefore, the inhabitants of village Dharafra are entitled to ration delivery at doorstep in terms of the Govt. Order No. 127-FCS& CA of 2016 dated 04.08.2016.
19. Thus, in view of the aforesaid discussions, this petition is misconceived and devoid of any merit and is, accordingly, dismissed along with connected application(s).
(Sindhu Sharma) Judge JAMMU 27 .05.2022 Bunty Whether the judgment is speaking : Yes Whether the judgment is reportable : Yes