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Gauhati High Court

Indrajit Chakma vs The Union Of India And 6 Ors on 30 July, 2021

Bench: Sudhanshu Dhulia, Manash Ranjan Pathak

                                                                  Page No.# 1/4

GAHC010105962021




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                            Case No. : PIL/41/2021

         INDRAJIT CHAKMA
         S/O- LT. ARUN CHANDRA CHAKMA, PERMANENT R/O- BIJOYPUR-III, P.O.
         BORDUMSA, P.S. BORDUMSA, DIST.- CHANGLANG, ARUNACHAL
         PRADESH- 782122 AND PRESENTLY RESIDING AT H.NO. 14, JN BOROOAH
         LANE, JORPUKHURI, UZAN BAZAAR, GHY, ASSAM- 781001


         VERSUS

         THE UNION OF INDIA AND 6 ORS
         REP. BY THE HONBLE SECRETARY, DEPTT. OF FOOD AND PUBLIC
         DISTRIBUTION, MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC
         DISTRIBUTION, KRISHI BHAWAN, NEW DELHI, PIN- 110001

         2:THE STATE OF ARUNACHAL PRADESH
          REP. BY THE COMM. AND SECY. TO THE GOVT. OF ARUNACHAL
         PRADESH
          FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPTT.
          SECRETARIAT
          ITANAGAR
         ARUNACHAL PRADESH
          PIN- 791111

         3:THE COMM. AND SECY. TO THE GOVT. OF ARUNACHAL PRADESH
          SOCIAL WELFARE DEPTT.
          SECRETARIAT
          ITANAGAR
         ARUNACHAL PRADESH
          PIN- 791111

         4:THE DY. COMMISSIONER
          CHANGLANG
          OFFICE OF THE DY. COMMISSIONER
          MARGHERITA-CHANGLANG ROAD
                                                                     Page No.# 2/4

             CHANGLANG
             ARUNACHAL PRADESH
             PIN- 792120

            5:THE DY. COMMISSIONER
             NAMSAI
             OFFICE OF THE DY. COMMISSIONER
             MINISTER MARKET
             NAMSAI ARUNACHAL PRADESH
             PIN- 792103

            6:THE DY. COMMISSIONER
             PAPUMPARE
             OFFICE OF THE DY. COMMISSIONER
            YUPIA
             ITANAGAR
            ARUNACHAL PRADESH
             PIN- 791110

            7:THE ARUNACHAL PRADESH STATE DISASTER MANAGEMENT
            AUTHORITY
             REP. BY ITS CHIEF EXECUTIVE OFFICER
             DIRECTORATE OF DISASTER MANAGEMENT
             DAYING ERING COLONY
             ITANAGAR
            ARUNACHAL PRADESH
             PIN- 79111

Advocate for the Petitioner   : MS. D GHOSH

Advocate for the Respondent : ASSTT.S.G.I.

BEFORE HON'BLE THE CHIEF JUSTICE MR. SUDHANSHU DHULIA HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 30.07.2021 The matter has been taken up today through video conferencing. Heard Ms. D. Ghosh, learned counsel for the petitioner. Also heard Mr. R.K.D. Choudhury, learned Assistant Solicitor General of India, appearing for respondent no. 1, and Mr. N. Dutta, learned Advocate Page No.# 3/4 General, Arunachal Pradesh, appearing for respondent nos. 2 to 7.

By means of the present PIL, the petitioner before this Court has raised a concern that the refugees belonging to Chakma, Hajong and other communities living in the three districts of Arunachal Pradesh, i.e. Changlang, Papumpare and Namsai, are not getting food supplies. The situation has worsened in the present COVID-19 pandemic, which is in its second wave, since they are out of work and now on the verge of starvation. It is an admitted position that none of these persons has a Ration Card. They have prayed for a direction to the respondent authorities for issuance of Ration Cards and for supply of food grains to them.

Considering only the humanitarian aspect and without going into any other issues, we had asked for assistance of the learned Advocate General, Arunachal Pradesh.

Today, Mr. N. Dutta, learned Advocate General, Arunachal Pradesh, has appeared and apprised this Court that the claim as regarding ration cards is a subject matter of long dispute and the State Government disputes the claim of such persons, but at the same time the learned Advocate General has submitted before this Court that under the Group Permit System, which has been implemented by the Government of Arunachal Pradesh, food grain is being given to such destitute families including those for whom concern has been raised in this PIL, purely on humanitarian ground.

Meanwhile, this court has also been apprised by the learned Advocate General, Arunachal Pradesh, that the State of Arunachal Pradesh imports food grains from other States or depends on what is supplied by Page No.# 4/4 the Government of India, Department of Foods and Public Distribution.

Since a statement has already been given at the Bar by the learned Advocate General, Arunachal Pradesh, that the immediate concern of the petitioner regarding supply of food grains would be taken care of under the Group Permit Scheme, we do not wish to pass any further order.

Mr. R.K.D. Choudhury, learned Assistant Solicitor General of India, has agreed that he would convey this order to the concerned department of Government of India and, if need be, additional food grain will be supplied for the said purpose.

Meanwhile, the State of Arunachal Pradesh shall file a detailed affidavit within four weeks.

List after four weeks.

                                JUDGE                   CHIEF JUSTICE




Comparing Assistant