Delhi High Court - Orders
Delhi Sarkari Ration Dealers Sangh ... vs Commissioner Food And Supplies Govt Of ... on 22 March, 2021
Author: Vipin Sanghi
Bench: Vipin Sanghi, Rekha Palli
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2037/2021 & CM APPL. 5977/2021
DELHI SARKARI RATION DEALERS SANGH DELHI
..... Petitioner
Through Mr. T.K. Ganju, Sr. Adv. with Mr.
Visheshwar Shrivastav & Mr. Manoj
Kumar Gautam, Advs.
versus
COMMISSIONER FOOD AND SUPPLIES GOVT OF NCT OF
DELHI & ORS. ..... Respondents
Through Mr. Gautam Narayan, ASC, GNCTD
with Ms. Dacchita Shahi, Adv. for R-1
to R-3.
Mr. Sri Harsha Peechara, Adv. for
NDMC
Mr. Ajit Pudussery, Adv. for R-5.
Mr. Umang Raj, Mr. Anurag Sarda &
Mr. Rishikesh Gautam, Adv. for R-6
Mr. Shriram Tiwary Proxy Counsel
for Ms. Monika Arora, CGSC for
UOI.
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 22.03.2021 CM APPL. 10124/2021
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
CM APPL. 10123/20213. Issue notice. Mr. Gautam Narayan, ASC accepts notice on behalf of respondent nos.1 to 3.
Signature Not Verified DigitallySigned By:GARIMA MADAN Signing Date:23.03.2021 17:35:344. By placing reliance on an additional affidavit filed in support of this application, Mr. Ganju, learned senior counsel for the petitioner has pointed out an email sent on 08.03.2021 to the PDS Narela, DSCSE and manager of CTO, Pusa stating that in view of the impending launch of the Mukhya Mantri Ghar Ghar Ration Yojna scheme of GNCTD in Ballimaran, New Delhi and Seema Puri, New Delhi, the in-charge of the concerned PDS godowns have been directed to stop supply of SFAs (wheat and rice) pertaining to allocation for the month of April 2021 till further orders. This direction has also been marked to the transport contractor and Data Entry Operators working at these godowns. Consequently, the members of the petitioner/ Association will not receive any supplies in terms of the directions issued vide this e-mail.
5. Mr. Ganju also submits that the tenders in question which are under challenge, only seek to create a parallel mechanism for distribution of rations payable under the PDS scheme through private dealers. However, the email communication dated 08.03.2021 seeks to cut off supply to the members of the petitioner/association, which was not even contemplated under the scheme formulated by the respondents.
6. Mr. Gautam Narayan states, on instructions, that the said email dated 08.03.2021 would stand withdrawn, and assures the Court that supply of the existing PDS distributors shall not be curtailed or stopped. This undertaking made by Mr. Narayan on behalf of respondent nos.1 to 3 is taken on record and the said respondents shall remain bound by them. We direct them not to stop or curtail the supply to the members of the petitioner/association.
7. The application stands disposed of in the above terms.
Signature Not Verified DigitallySigned By:GARIMA MADAN Signing Date:23.03.2021 17:35:34 CM APPL. 11265/20218. Issue notice. Mr. Gautam Narayan, Mr. Shriram Tiwary and Mr. Ajit Pudussery, Advocates accept notice on behalf of respondent nos. 1 to 3, 4 and 5 respectively.
9. Reply to the application be filed within a week.
10. List for consideration on 19.04.2021.
VIPIN SANGHI, J REKHA PALLI, J MARCH 22, 2021 kk Signature Not Verified DigitallySigned By:GARIMA MADAN Signing Date:23.03.2021 17:35:34