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2016 DIGILAW 104 (ORI)

Chandramohan Barik v. State of Orissa

2016-02-08

S.PUJAHARI

body2016
ORDER : S. Pujahari, J. W.P.(C) No. 22286, 22475, 22481, 22482, 22561, 22575, 22669 and 22671 of 2015. 1. Since in all these writ petitions, the grievance and prayer made by the petitioners are same, they are heard together and disposed of by this common order. Heard the learned Counsel for the petitioners and the learned Counsel for the State. 2. Grievance of the petitioners in these writ petitions are that though they were appointed as retail dealers of PDS commodities for their respective villages under the respective Gram Panchayats in the district of Mayurbhanj and their licenses are valid till March, 2016 and there is absolutely no grievance from any quarter whatsoever against them, they have not been supplied with their quota PDS commodities, such as, rice, sugar, wheat and kerosene to distribute the same to the ration cardholders attached to them, according to their entitlements and the Collector, Mayurbhanj (opposite party No. 2 in all these writ petitions) has directed the concerned Panchayat Executive Officers of the concerned Gram Panchayats to distribute the PDS commodities from the month of December, 2015 under the National Food Security Act, 2013. The same has been challenged here in these writ petitions by the petitioners to be illegal and arbitrary, seeking with a direction to the opposite parties to allot the monthly quota of PDS commodities in favour of the petitioners as per the choice/suggestion of the beneficiaries tagged to them during the validity period of their licences. 3. Learned Counsel for the State submits that since the aforesaid step for distribution of PDS commodities to the ration cardholders attached to the petitioners has been taken for rationalisation, the same cannot be found fault with. Otherwise also, a licensee does not have any right for allotment of quota of PDS commodities under the Orissa Public Distribution System (Control) Order, 2008. Otherwise also, a licensee does not have any right for allotment of quota of PDS commodities under the Orissa Public Distribution System (Control) Order, 2008. Furthermore, under the National Food Security Act, rice and wheat both are being supplied to the ration cardholders and some of the dealers who have ventilated their grievances, are being allowed either of the commodities to them for distribution and some of them though had withheld the allotment to distribute both the commodities, but the consumer under the National Food Security Act having given a right to prefer a dealer and in the present cases at hand, the rational cardholders have preferred different dealers than the petitioners, for that the ration cardholders attached to the petitioners have come down below five hundred and as such, their fair price shop was not viable, hence they have not been allotted with the quota of PDS commodities which they were distributing to the ration cardholders earlier. Therefore, all these writ petitions are devoid of merit. 4. Considering the facts and submissions made, especially the fact that the licences were granted in favour in favour of the petitioners under the Orissa Public Distribution System (Control) Order, 2008 wherein though provision of preference to institutional dealer is there, but the mandate of the Orissa Public Distribution System (Control) Order, 2008 being that such preference shall only be given at the time of renewal of license and the petitioners were continuing as retail dealers and getting the quotas of PDS commodities and there was no complaint whatsoever against them, the authority concerned could not have refused to allocate them their quota of PDS commodities in the mid of the session, more so in view of the circular communicated to the Collector, Khurda by the Government of Odisha in Food Supplies and Consumer Welfare Department vide its Letter No. 09-17-10-01/16/277, dated 05.01.2016 wherein it has been instructed to give food grains for distribution to those who have already made D.D. and to consider the case of change of retailership only at the time of renewal of license during March, 2016 though in the context of Khurda district. In such premises, this Court directs the concerned Block Development Officers to consider the case of the petitioners in all these writ petitions for release of their quota of PDS commodities for the month of February and March, 2016 for distribution of the same to the ration cardholders who were earlier attached to them according to their entitlements under the National Food Security Act. 5. However, this order shall not be construed as an expression of any opinion of this Court that the petitioners have a right to continue as dealers and renew their respective licenses during the coming licensing year. Furthermore, if the quota of PDS commodities for any of the months, as directed above, has already been distributed to the ration cardholders, the petitioners shall not make any claim on the same on the strength of this order. 6. With the aforesaid order, all these writ petitions stand disposed of. Issue urgent certified copy as per rules.