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Court Flooded With Cases Concerning Allotment Of Fair Price Shops: Karnataka HC Asks State To Take Forward 'One Nation One Ration Card' Policy

Mustafa Plumber

5 Dec 2022 10:24 AM GMT

    • Court Flooded With Cases Concerning Allotment Of Fair Price Shops: Karnataka HC Asks State To Take Forward One Nation One Ration Card Policy

    The Karnataka High Court has expressed concern over the rising litigation relating to allotment of fair price shops under the Public Distribution System and has asked State's Food and Civil Supplies Department to take appropriate steps to 'put its house in order'.A single judge bench of Justice M Nagaprasanna was dealing with a case whereby the licence to run fair price shop of...

    The Karnataka High Court has expressed concern over the rising litigation relating to allotment of fair price shops under the Public Distribution System and has asked State's Food and Civil Supplies Department to take appropriate steps to 'put its house in order'.

    A single judge bench of Justice M Nagaprasanna was dealing with a case whereby the licence to run fair price shop of a physically disabled person was cancelled by the Appellate Authority under the Essential Commodities Act, 1955 following a grievance raised by the allottee of another fair price depot situated in the same vicinity.

    At the outset, the High Court noted that the grievance of the complainant was that 106 cards were removed from him and were allotted to the petitioner for the purpose of FPS. The complainant had nowhere sought that the entire allotment made in favour of the petitioner be cancelled.

    Thus it opined that the Appellate Authority had 'exceeded the brief'.

    So far as the action regarding removal of cards from the complainant for allotment to the Petitioner is concerned, the High Court suggested to the state government to take the policy of 'one nation–one ration card' forward.

    Under the said policy, any card holder can pick up his ration from any fair price depot. He need not depend upon the fair price depot that is allotted to him by 15 way of issuance of card is his submissions.

    "If that is the policy, it is for the State to take the policy forward and redress all these problems of taking away ration cards from one, and giving it to another, at the whim and fancy of the officers," the High Court said.
    It expressed regret that Writ Courts are flooded with cases concerning public distribution system, particularly, allotment of fair price shop or allotment of cards to any particular fair price shop. Indiscriminate allotment of fair price shops or discriminate distribution of cards has led to this problem.
    "The authorities while allotting the cards should by and large seek to maintain the terms in Clause 11 of the Order which directs that there should be 800 cards to a fair price shop in the urban area and 500 cards in the rural area. The writ Courts cannot be expected to join the race of rival claimants of taking away of cards or giving of cards. The Government, its Officers, should exercise caution and encourage restraint in generating litigation by its action qua distribution of cards," it said.
    Accordingly, the matter was remitted back to the Appellate Authority to reconsider the complaint pass appropriate orders in accordance with law, bearing in mind the observations made by the High Court. Before passing the order afresh, the Appellate Authority is directed to afford reasonable opportunity of hearing to all the parties.
    Case Title: MANJUNATH B v. THE PRINCIPAL SECRETARY

    Case No: WRIT PETITION No.19575 OF 2022

    Citation: 2022 LiveLaw (Kar) 497

    Date of Order: 30TH DAY OF NOVEMBER, 2022

    Appearance: H.P.GANGESH GOWDA, ADVOCATE for petitioner; VINOD KUMAR M., AGA FOR R1 TO R4; R.B.MRUTHYUNJAYA, ADVOCATE FOR C/R-5.

    Click Here To Read/Download Order



    Tags
    Karnataka High CourtJustice M NagaprasannaRation CardsFair Price ShopsFair Price Shop LicenseOne Nation One RationPublic Distribution System
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