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2014 DIGILAW 1 (ALL)

MARUTI SALT UDYOG v. STATE OF U. P.

2014-01-02

RAM SURAT RAM (MAURYA), SUNIL AMBWANI

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JUDGMENT By the Court.—We have heard Shri Neeraj Tripathi and Shri Pratik J. Nagar, learned counsel for the petitioner. Learned Standing Counsel appears for the State respondents. The petitioner has provided short list of dates and events. 2. The petitioner claims to be a Small Scale Industry registered with the Director of Industries vide registration certificate dated 3.1.1995 and also holds certificate of registration from the Export Promotion Bureau, Government of U.P. as manufacture exporter dated 16.3.2001. The petitioner claims to be only branded salt manufacturer containing requisite quantities of iodine, conforming to the ISI/ISO certified salt. 3. By this writ petition the petitioner prayed for following reliefs : “(i) issue a writ, order or direction in the nature of a certiorari quashing the order dated 6.11.2013 (Annexure 20 of the writ petition) passed by the respondent No. 2.” The petitioner had earlier filed Writ Petition No. 48913 of 2013, in which an order was passed on 11.9.2013 directing the District Magistrate, Shahjahanpur to decide his representation. 4. The District Magistrate, Shahjahanpur rejected the representation on the ground that in order to facilitate the distribution of items of daily use such as soap, tooth paste, oil, pulses, iodised salt and tea, a Government Order was issued on 4th August, 2006 permitting the fair price shop under the public distribution system to purchase the items at their discretion from any source and to make them available to the consumers. The Commissioner, Food and Civil Supplies, Government of U.P. had issued directions on 13th September, 2010 that the goods, which can be purchased by the fair price shop to be sold from their shops should be ISI/Agmark certified and that the salt sold through these shops should confirm to the requisite quantities/PPM of iodine. The fair price shops shall not be allowed to sell sub-standard goods or goods, which are below the prescribed standards to the consumers. 5. The District Magistrate has observed that so far as policy of the State Government in the Government Order dated 11.10.2004 for the small scale units are concerned, preference will be given under the Industrial Service Centre Investment Policy, 2004 to the ISI/ISO certified goods to be supplied to Government departments and undertakings on priority basis. 5. The District Magistrate has observed that so far as policy of the State Government in the Government Order dated 11.10.2004 for the small scale units are concerned, preference will be given under the Industrial Service Centre Investment Policy, 2004 to the ISI/ISO certified goods to be supplied to Government departments and undertakings on priority basis. Under the Public Distribution System the Department of Food and Civil Supplies does not purchase any such items of daily use of the consumers, other than those, which are distributed as essential commodities through the PDS. The fair price shop owner can purchase these goods at their discretion from any source provided they are ISI/ISO certified goods and accordingly the request of M/s Maruti Salt Udyog to give priority of purchase and distribution of salt through fair price shop is not in accordance with the extant Government policy. 6. Shri Neeraj Tripathi, learned counsel for the petitioner submits that in order to ensure the distribution of iodised salt, which conform to the standard of health, State Government should be directed to ensure supply of iodised salt by giving preference to the industries, which are registered manufacturing iodised salt in the State of U.P. As a small scale industry manufacturing iodised salt in the State the petitioner should be given preference in public interest and to prevent the deficiency of iodine, which is the cause of many deceases, in purchase of iodised salt to be distributed to the consumers through fair price shop. 7. The petitioner has not pressed into service any policy of the State Government, which may support his prayers. The State Government has clearly defined its policy not to give any preference of distribution of any consumer goods from fair price shops. The facility for providing of purchase of goods of daily use from the fair price shop has been left entirely at the discretion of the fair price shop dealer provided such goods should be ISI/ISO certified. So far as salt is concerned the fair price shop owners have been restrained from selling salt, which does not have requisite minimum content of iodine, taking care of the concern of public health. 8. We do not find that the petitioner has any right to claim the relief for distribution of salt manufactured by him through fair price shop. So far as salt is concerned the fair price shop owners have been restrained from selling salt, which does not have requisite minimum content of iodine, taking care of the concern of public health. 8. We do not find that the petitioner has any right to claim the relief for distribution of salt manufactured by him through fair price shop. This Court cannot give any direction for permitting sale of any goods through public distribution system, which is maintained for the purpose of distributing scheduled commodities at subsidised rates to the general public. The writ petition has no merits and is dismissed.