Allahabad High Court
U.P.Sasta Galla Vikreta Pari. Thru. Ram ... vs State Of U.P. Thru. Prin. Secy. ... on 10 June, 2021
Author: Manish Mathur
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 19 Case :- MISC. SINGLE No. - 10563 of 2021 Petitioner :- U.P.Sasta Galla Vikreta Pari. Thru. Ram Kumar Agnihotri &Ors Respondent :- State Of U.P. Thru. Prin. Secy. Khadya/Rasad Deptt, Lko &Ors Counsel for Petitioner :- Pt. S. Chandra,Ravi Kant Mishra Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.
Heard learned counsel for petitioner and Mr. Kuldeep Pati Tripathi learned Additional Advocate General assisted by Mr. Raj Bux Singh learned counsel for opposite parties.
Petition has been filed for the following reliefs:-
" 1. Issue a Writ order or Direction in the nature of Mandamus thereby commanding to the Opposite Parties to exempt the petitioners i.e. Fair Price Shop Holder from Biometric Verification System-E-Pass Machine during spread of Covid-19 (corona virus) in Uttar pradesh.
2. Issue a Writ order or Direction in the nature of Mandamus thereby commanding to the Opposite Parties to adopt other system instead of Biometric System viz OTP or manual system time being till spread of Covid 19 to break the chain and save the petitioenrs and citizens as well as members of association from infection while making distribution of Ration.
3. Issue a Writ order or Direction in the nature of Mandamus thereby commanding to the Opposite Party No.1 to take the decision on the representation of petitioner dated 02.05.2021 in the light of Circular dated 15.04.2021 issued by the Government of Rajasthan as well as Circular dated 24.4.2021 issued by the Government of Jharkhand. ......"
Learned counsel for petitioner submits that with regard to distribution of essential items, the Government of India has already issued the notification dated 23.4.2020 and 18.5.2021 providing the procedure for distribution of essential commodities. It is submitted that the aforesaid circular makes it amply clear that for the purposes of identification, biomatric as well as O.T.P. linked to Adhar Card can be utilized in order to ensure distribution to the correct allottees. Learned counsel submits that despite the aforesaid guidelines, the opposite parties are insisting only on the biomatric part of the process which is against the guidelines issued by the Central Government. Learned counsel for petitioner submits that O.T.P. method has been implemented in some states such as Jharkhand and Rajasthan.
Mr. Kudeep Pati Tripathi learned Counsel appearing on behalf of the opposite parties submits upon instructions that the circular/guidelines issued by Central Government are binding upon the State Government and every effort would be made to adhere to such guidelines. It is submitted that the State Government may be given an opportunity to decide the representation of the petitioner in terms of the guidelines issued by the Central Government.
Considering the aforesaid facts and submissions of learned counsel for parties, the petitioner is granted the liberty to file a fresh representation before the opposite party No.1 annexing therewith the circulars/guidelines of the central government indicated herein above. In case such a representation is filed, the opposite party No.1 i.e. Principal Secretary, Khadya Evam Rashad Department, U.P. Lucknow is directed to consider and decide the same within a period of two weeks from the date of submission of representation. The opposite party shall take into consideration the guidelines particularly paragraph 5 of the circular dated 18th May, 2021.
With the aforesaid observations, the petition stands disposed of.
Order Date :- 10.6.2021 prabhat