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Patna High Court - Orders

Lpg Vitrak Association (Bihar) vs The Union Of India on 28 July, 2022

Bench: Chief Justice, S. Kumar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.7765 of 2022
                 ======================================================
                 LPG Vitrak Association (Bihar)

                                                                            ... ... Petitioner/s

                                                   Versus

                 The Union of India & Ors.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Bindhyachal Singh, Sr. Advocate
                                              Mr. Aryan Sinha, Advocate
                                              Mr. Puneet Siddhartha, Advocate
                                              Mr. Ravi Shankar Roy, Advocate
                 For U.O.I.             :     Dr. K.N. Singh (ASG)
                                              Mr. Radhika Raman, CGC
                                              Mr. Awadhesh Kumar Pandey, Sr. Panel Counsel
                 For I.O.C.L.                 Mr. Ankit Katriar, Advocate
                 For B.P.C.L.                 Mr. Siddhartha Prasad, Advocate
                 For H.P.C.L.                 Mr. Sanjay Kr. Mishra, Advocate
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE S. KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

2   28-07-2022

On 31st of March, 2016, Government of India, Ministry of Petroleum and Natural Gas, formulated a scheme and framed guidelines, commonly termed as "Pradhan Mantri Ujjwala Yojna" (Annexure-1, page-27) under which woman of a B.P.L. house-hold, who does not have an access to the L.P.G. connection, is entitled for a new L.P.G. connection by filling a form submitting certain Patna High Court CWJC No.7765 of 2022(2) dt.28-07-2022 2/3 particulars, including address, Jan Dhan Bank Account and AADHAR number. On 6th of March, 2017, the Government of India issued yet another notification in pursuance of Section-7 of the AADHAR (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.

From time to time, subsequent notifications came to be issued with respect to the said scheme. In terms of the original notification dated 31st of March, 2016, the beneficiary, i.e. a woman of the B.P.L. house-hold alone was to submit the details, including AADHAR Card/Number. However, vide a subsequent scheme/guidelines dated 28th of March, 2018 (Annexure-4, page-45), the beneficiaries were directed to also supply Aadhar number of at least one adult family member (other than beneficiary) whose name is appearing in ration card to be provided in KYC.

The writ petition is confined only to the issue as to what would be the liability of the dealer in the event of refusal of the beneficiary to provide AADHAR number of at least one adult family member (other than the beneficiary) whose name is appearing in ration card to be provided in KYC (page-45).

Patna High Court CWJC No.7765 of 2022(2) dt.28-07-2022 3/3 Let the respondents respond to the same. List on 1st of September, 2022.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/-DKS U