Research › Browse › Judgment

Karnataka High Court · body

1996 DIGILAW 704 (KAR)

MOHD. MUNEWER v. STATE OF KARNATAKA

1996-12-10

G.C.BHARUKA

body1996
G. C. BHARUKA, J. ( 1 ) ACCORDING to the petitioners they are permanent residents of bangalore holding ration cards enabling them to obtain essential commodities from the Fair Price Shop. One of such ration card has been annexed to the writ petition as Annexure-'b' which pertains to the first petitioner. They are aggrieved by the notices annexure-'a' and 'a-1', dated 28-10-1996 issued by the Deputy director (East), whereby some of the card holders including the petitioners have been required to appear before him on the date and time mentioned therein for verification of their ration cards, in the manner mentioned in the notice, since he has reason to believe that the ration cards issued in the name of the petitioners are "bogus Ration Cards" within the meaning of sub-clause (2) of Clause 2 of Karnataka (Prevention of unauthorised Possession of Ration Cards) Order, 1977 (hereinafter in short 'the Order' only ). ( 2 ) THE impugned notice Annexure-'a' as translated in English reads as under: government OF KARNATAKA no. : sd (e) ra: 62 of 1996-97 28-10-1996 DT. PUBLICATION OF NOTICE TO THE RATION CARD holders sub: Regarding the suspected to be bogus ration cards in a doubtful manner in the inspection as per the guidelines of the Commissioner for Food and Civil Supplies, Bangalore on 28-9-1996. Ref: The Commissioner for Food and Civil Supplies, Bangalore, in his letter No. INR:dra: (E) 41 of 1996-97, dated 17-10-1996. * * * the Shop No. 518 in Division No. 68 which comes under the limits of East Range, the ration cards have been verified and inspected under the guidelines of the commissioner of Food and Civil Supplies, Bangalore, the following cards as per the enclosed list, are suspected and treated to be bogus ration cards and if the valid cards, whose photo is affixed to appear personally in person, in the office of the Deputy Director of Food and Civil supplies, St. Johns Road, Shivanachatti Garden, shivajinagar, Bangalore 42 during the time between 3. 00 p. m. to 5. 00 p. m. and put their signatures in the Register book concern, without any fine or any stamp fee, etc. , will get your ration food grains and in this regard if the owners of the Fair Price Shop, is not co-operating with you, you may inform. 00 p. m. to 5. 00 p. m. and put their signatures in the Register book concern, without any fine or any stamp fee, etc. , will get your ration food grains and in this regard if the owners of the Fair Price Shop, is not co-operating with you, you may inform. this office by personally or by telephone-560750 accordingly this publication issued, it is requested the public may kindly co-operate with the Department for inconvenience, if any, and in view of the public interest this action is being taken. sd/- deputy Director of Food and Civil supplies (East, Bangalore)". ( 3 ) THE petitioners are questioning the validity of the notice at Annexure-'a' on the ground that under the provisions of the order no such procedure is contemplated for detecting Bogus ration Cards and therefore the action of the respondent is unauthorised and illegal. ( 4 ) FOR appreciating the contention raised at the Bar it will be useful to refer to some of the definition and provisions provided under the order. The relevant definitions are under Clause 2 (2), 2 (3), 2 (6) and 2 (7 ). "clause 2. Definitions. (2) "bogus ration card" means, a ration card issued in the name of a fictitious person and includes a ration card which contains the names of any person whose name is already entered in any other ration card and also a ration card which contains any entry which the person in whose name it is issued knows or has reason to believe to be incorrect or false; (3) "competent Officer" means, such officer or officers as the State Government may, by order, appoint for any area and more than one officer may be appointed for any area;" (6) "inspecting Officer" means an officer of the Food and Civil Supplies Department of the State Government not below the rank of a Food Inspector. (7) "ration Card" means, a document issued to a person by a Competent Officer enabling such person to obtain from any authorised retail dealer any of the scheduled commodities specified in such document to the extent specified therein and includes a permit issued by a Competent Officer for any of the scheduled commodities; ( 5 ) CLAUSE 3 (3) of the Order makes it mandatory that no authorised retail dealer shall issue essential commodities against a ration card which he knows or has reason to believe to be not genuine. ( 6 ) CLAUSE 4 of the Order empowers the Inspecting Officers or any other person authorised in this behalf by the State government to seize the ration card with a view to secure compliance with the order or to satisfy himself that the provisions of the order have been complied with. ( 7 ) CLAUSE 5 of the Order provides that immediately after seizer referred to in Clause 4 the Inspecting Officer shall report the matter to the Competent Officer for taking further action in the matter. ( 8 ) IN the present case, as it is evidence from the impugned notice Annexure-'a' itself, pursuant to preliminary verifications and inspections conducted as per the guidelines set by the commissioner of Food and Civil Supplies, the concerned authorities entertained reasons to believe that the ration cards detailed in the list enclosed with the said notice were bogus ration cards. Therefore, in this view of the matter, they had acquired authority to seize all such ration cards. But since it would be an herculean task to seize such cards by going from house to house, the more convenient and practical method could have to direct the supposed ration card holders to appear before the authorities and produce the ration cards for verification. The impugned action in law tantamounts to constructive seizure of the ration cards in question and therefore it has to be held as permissible in law. If the petitioners and persons similarly situate refuse to co-operate with the Competent Officer in ascertaining the genuineness of the ration card or the existence of the persons in whose name the ration cards are granted, it will be open for the Competent Authorities to cancel such ration cards by holding the same as bogus. If the petitioners and persons similarly situate refuse to co-operate with the Competent Officer in ascertaining the genuineness of the ration card or the existence of the persons in whose name the ration cards are granted, it will be open for the Competent Authorities to cancel such ration cards by holding the same as bogus. Any how, before doing so it will be in the fairness of the things that one more opportunity will be given to the petitioners to report before the officer concerned at the date, time and to be notified here after. ( 9 ) WITH the said observations and directions the writ petitions are dismissed. No costs. --- *** --- .