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2014 DIGILAW 363 (JHR)

Zeyaul Haque @ Bablu v. State of Jharkhand

2014-03-07

R.BANUMATHI, SHREE CHANDRASHEKHAR

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JUDGMENT By Court - Heard Mr.Rajiv Kumar, learned counsel appearing for the petitioner and Mr.Rajesh Kumar, learned G.P.V appearing for the respondent-State. 2. The present Public Interest Litigation has been filed to constitute the “Bitran sah Nigrani Samittee” on the level of every fair price shop of Chanho Block at Ranchi for ensuring proper distribution of the essential commodities to the Ration Card Holders and also to enquire about the alleged 4768 bogus ration card recorded in the office of respondent no.8. 3. At the outset, Mr.Rajesh Kumar, learned counsel for the State has submitted that there is no bonafide in the Public Interest Litigation, inasmuch as petitioner himself is an accused in a criminal case and is also a defaulter of the bank loan . 4. As per the Government scheme the essential commodities i.e. rice, wheat, sugar, edible oil, kerosene oil etc. are distributed to the various categories of beneficiaries through the fair price shop under the Public Distribution System. For distribution of essential commodities the Government issued three types of ration cards to the families i.e. : (i) Red Ration Card-This card is provided to the families who are below poverty line; (ii) Yellow Ration Card-This card is provided to the Antodaya families i.e. poorest families from amongst the BPL families and they are entitled to get food grains under the Antyodaya Ann Yojna; (iii) Green Ration Card – This card is provided to the APL Families; 5. It is the case of the petitioner that since there is no proper distribution of the foodgrains to the card holders, the Government had issued an instruction vide letter dated 8.5.1999 for constituting the “Bitran sah Nigrani Samittee” on the level of every Fair Price Shop where there will be five members in the Committee and so far as Chanho Block , Ranchi is concerned, no such “Bitran sah Nigrani Samittee” has been constituted and, therefore prays for direction for constituting of “Bitran sah Nigrani Samittee”. 6. We have heard Mr.Rajiv Kumar, learned counsel appearing for the petitioner and Mr.Rajesh Kumar, learned G.P. V appearing for the respondent-State. 7. Insofaras“Bitran sah Nigrani Samittee” is concerned, Mr.Rajesh Kumar, learned counsel appearing for the State has submitted that the Block Level Distribution-cum-Vigilance Committee is now in existence in Chanho Block. 6. We have heard Mr.Rajiv Kumar, learned counsel appearing for the petitioner and Mr.Rajesh Kumar, learned G.P. V appearing for the respondent-State. 7. Insofaras“Bitran sah Nigrani Samittee” is concerned, Mr.Rajesh Kumar, learned counsel appearing for the State has submitted that the Block Level Distribution-cum-Vigilance Committee is now in existence in Chanho Block. The list of the Vigilance Committee comprising of nine members is annexed as Annexure-B to the counter affidavit filed today i.e. 7.3.2014. It is stated that the inspection of the PDS shops is done by the Deputy Director of Food/ Deputy Commissioner/ District Supply Officer/ Sub Divisional Officer/ Block Development Officer and Block Supply Officer. The verification reports of stock and distribution of food-grains of five Public Distribution System Shopkeepers of Chanho Block are stated to be signed by the Mukhiyas and Ward Members of the Panchayat, which is annexed as Annexure- C series. 8. In so far as second limb of grievance of the petitioner regarding the alleged bogus ration cards recorded in the Fair Price Shop of Chanho Block is concerned, in the supplementary counter affidavit filed on 22.11.2013, it is stated that during 2009-10 total numbers of cards were as under : (i) Red : 5, 274 Cards (ii)Yellow : 3,477 Cards' (iii)Green : 5, 026 Cards Total :- 13,777 Cards In para-8 of the said supplementary counter affidavit, it is stated that the petitioner sought information only for the list of red and yellow card holders in his application and that he did not ask for list of green card holders. It is further stated that as per the information sought by the petitioner, it appears that he has proceeded to obtain the information only regarding red and yellow cards from the Block Supply Officer, Chanho. Having not obtained the information regarding the Green Cards, it appears that the petitioner did not take into account of the Green Cards and seems to have made allegation that the Green cards are bogus cards. According to the respondents, the bogus cards, as stated by the petitioner in the writ petition, are actually green cards (APL beneficiaries). In so far as grievance of the petitioner as to the alleged bogus cards, the allegation appears to be unfounded. 9. According to the respondents, the bogus cards, as stated by the petitioner in the writ petition, are actually green cards (APL beneficiaries). In so far as grievance of the petitioner as to the alleged bogus cards, the allegation appears to be unfounded. 9. Since, the grievance of the petitioner regarding constitution of “Bitran sah Nigrani Samittee” has been redressed, recording the statements made in the counter affidavit filed by the State, this Public Interest Litigation is dismissed. PIL dismissed.