Devi Prasad Singh & Satish Chandra, J.;— 1. Heard Shri Prince Lenin petitioner in person, who is a practicing Advocate of this Court. Office has made an endorsement that in the roster PIL has not been mentioned. However, from the roster, it appears that for all civil matters including Miscellaneous Bench, power has been conferred to this Bench by the Hon'ble Chief Justice. From the roster, it is evident that during vacation, this Bench has been conferred power to entertain the petition keeping in view the urgency in the matter. 2. The roster provided by Hon'ble the Chief Justice should be interpreted as regulatory. Registry of the High Court cannot be interpreted the roster which may amount to curtailment of jurisdiction of High Court as the courts functioning can not be stopped to ventilate public grievance, which is the basic feature of democratic polity and Indian constitution. Some Judge have to present to entertain and adjudicate the controversy of various nature. All civil matters means all matter including the Public Interest Litigation. Registry to interpret the roster keeping in view these basic constitutional requirement since there cannot be vacuum in the administration of justice. 3. The petitioner while arguing in person invited attention to the report of newspaper "Dainik Jagran" where food grains in ginny bags are lying in open place in Mandi and railway yards. Factual position has not been disputed. 4. Learned counsel for the Food Corporation of India Shri Alok Mathur as well as Shri I.P. Singh invited attention towards order passed by Division Bench of this Court in Writ Petition No. 7764 (MB) of 2011 which was dismissed by judgement and order dated 5.8.2011 on the ground that identical matter is pending before the Hon'ble Supreme Court. A perusal of the order passed by Hon'ble Supreme Court reveals that their Lordship of Hon'ble Supreme Court had invited response from the respondents and to formulate appropriate procedure with regard to safety and security of food grains. However, no final order seems to has been passed by the Hon'ble Supreme Court. 5. Keeping in view the fact that food grains are likely to be spoiled because of inaction on the part of State Government this Court can not be sit as moot spectator with regard to loss caused to the public exchequer as well as public interest. However, no final order seems to has been passed by the Hon'ble Supreme Court. 5. Keeping in view the fact that food grains are likely to be spoiled because of inaction on the part of State Government this Court can not be sit as moot spectator with regard to loss caused to the public exchequer as well as public interest. We do not find any reason to dismiss the writ petition because of pendency of matter in the Hon'ble Supreme Court, more so when the cause of action is recent one emerges from the newspaper "Dainik Jagran" dated 23.6.2012. Monsoon has already arrived and rainy season has been started in the State of U.P. Respondents has not disputed with regard to news appeared in the newspaper. 6. Shri I.P.Singh learned Chief Standing counsel has invited attention towards order passed by a Chief Secretary dated 23.6.2012 by which appropriate direction has been issued to take appropriate step with regard to food grains. Order is of the same date, that is the report published in the newspaper. 7. After hearing learned counsel for the parties at length, we admit the writ petition and direct the State Government to constitute a committee to find out the ways and means for the safety and security of the food grains in the State of U.P. Needless to say that in the State of U.P. more than 35 per cent of population is running below the poverty line. People are committing suicide not only in different parts of the country but even in the State of U.P. also. 8. Attention has been invited towards another report of the newspaper (Kanvij Times), a copy of which has been annexed as Annexure no. 11 to the writ petition which reveals that three children died because of starvation. 9. In view of above, let the committee (supra) chalk out plan with regard to purchase and storage of food grains in the State of U.P. with appropriate safety measures. Needless to say that purchase should be done keeping in view the capacity of the State to store the food grains in its warehouses. In case, warehouses are not in sufficient number then it shall be incumbent upon the State to construct warehouses in sufficient number to meet out the requirement. Needless to say that purchase should be done keeping in view the capacity of the State to store the food grains in its warehouses. In case, warehouses are not in sufficient number then it shall be incumbent upon the State to construct warehouses in sufficient number to meet out the requirement. In case, warehouses are not available it shall always be open to the State Government to hire the warehouses on rent from public. State government may also looked into feasibility with regard to participation of public sector for storage of food grains and also enhancing the purchase quota of private traders. Let the Committee finalize its report expeditiously say within a period of one month and State issue appropriate order or circular, to regulate the purchase and sale of food grains, within two months. 10. Subject to regulatory measures framed by the aforesaid committee and consequential government order issued thereon, we direct the State to take immediate action in the following manner:- (i)No food grains shall be kept in open space henceforth. It shall be stored on a higher platform to avoid water logging. The food grains shall be covered with appropriate canopy or sheets immediately. (ii)Loss of public property or damages caused to food grain is an offence under IPC and breach of public trust under Chapter XVI and Chapter XVII of the IPC. Accordingly, in case food grain suffers from loss or damage for any reason whatsoever it constitute a criminal negligent and offence on the part of authorities. Economic Offences Wing (EOW) constituted by the State Government has got ample power to take action against the authorities including the Vigilance Department of the State of U.P. We direct the Additional Director or Director of the EOW to maintain district wise surveillance with regard to damages caused to food grain because of rain or for other reason and on account of negligent on the part of authorities, First Information Report may be lodged and investigation may be done against such authorities in accordance to law. Vigilance Department of the State of U.P. shall also looked into all such incidents and take appropriate action. (iii)Status report should be submitted to this court at the interval of every two months by EOW and Vigilance Department. In case, officers of Food Corporation of India are also in negligent then appropriate action may be taken against them and be prosecuted. (iii)Status report should be submitted to this court at the interval of every two months by EOW and Vigilance Department. In case, officers of Food Corporation of India are also in negligent then appropriate action may be taken against them and be prosecuted. (iv)Disciplinary action be taken against the officer in charge with regard to storage, safety and security of the food grains and because of negligent the loss caused be recovered from the salary of respective officers/staff. (v)We hope and expect that the government authorities and the Central government shall leave no stone unturned to take remedial measures immediately so that the food grains be stored in the go-downs and other appropriate place and not in open space. Due to laxity on the part of the authorities responsible to maintain the food grains in appropriate place and godown, the food grains/goods may not suffer any loss or damage in a State where more than 35 per cent of population are suffering from poverty and there is no sufficient means of livelihood and children are suffering from malnutrition. 11. Subject to aforesaid direction the report of the committee and government order issued shall be placed before this Court immediately after two months. 12. Let counter affidavit be filed within six weeks, rejoinder affidavit within two weeks by the respondents containing para wise reply to the writ petition as well as keeping in view the observation made herein above. List after two months. It shall be open to the petitioner to move appropriate application in case State fails to take action for the safety or security of food grains in the State of U.P. _