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2017 DIGILAW 542 (ALL)

AMAR PAL SINGH @ AMAR PAL v. STATE OF U. P.

2017-02-15

SURYA PRAKASH KESARWANI

body2017
JUDGMENT Hon’ble Surya Prakash Kesarwani, J.—List revised. Case called out. Sri Rajeev Kumar, learned counsel for the petitioner in Writ-C No. 6132 of 2017 has appeared, who also holds brief of Sri Rajendra Pal Singh, learned counsel for the petitioner in Writ-C No. 390 of 2016 and 406 of 2016. In Writ-C No. 34083 of 2016, Sri Amit Malik, learned counsel has appeared on behalf of the petitioners. None has appeared on behalf of the petitioners in other connected writ petitions. Sri Vishal Tandon, learned standing counsel has appeared on behalf of State respondents. 2. This bunch of writ petitions, have been filed aggrieved with the insistence of wholesale dealers requiring the retailers/ fair price agents to submit distribution certificate of the village Pradhan. Learned counsels for the petitioners submit that wholesale dealer cannot impose any condition upon the retailers other than those provided under the relevant Government Order. He refers to para-4 of the Government Order No. 1213/29-7-2008-M143/06 dated 2.6.2008 with respect to distribution of kerosene oil under Public Distribution System, which requires the retail dealers to submit certificate members of the Administrative Vigilance Committee of the concerned village Panchayat and Village Development Officer. Submission is that the requirement under Government Order is the endorsement of the members of Prashasnik Satarkta Samiti as well as Gram Vikas Adhikari and, therefore, neither the District Supply Officer nor a wholesale dealer may require certificate or endorsement in any other manner. Learned standing counsel submits that there cannot be any disagreement that endorsement has to be made in the manner as prescribed by para-4 of the aforesaid Government Order dated 2.6.2008. 3. I have carefully considered the submissions of learned counsel for the parties. 4. The relevant Government order dealing with the issue involved in these writ petitions is the Government Order No. 1213/29-7-2008-M143/06 dated 2.6.2008. It provides for various stages of checking of kerosene oil in the matter of distribution. 3. I have carefully considered the submissions of learned counsel for the parties. 4. The relevant Government order dealing with the issue involved in these writ petitions is the Government Order No. 1213/29-7-2008-M143/06 dated 2.6.2008. It provides for various stages of checking of kerosene oil in the matter of distribution. Clause-4 of the said Government Order is relevant which deals with the third stage, i.e. distribution to ration card holders, which is reproduced below : Þ4 vc r`rh; LVst rc izkjEHk gksxk tc igyh ckj M~zeksa esa rsy Hkjdj lR;kiu djkus ds mijkUr feV~Vh dk rsy jk'ku nqdkunkjksa ds ikl miyC/k gksxkA blds rRdky ckn mruh la[;k esa dkMZ/kkjdksa dks rsy izkIr djus dh lwpuk nh tk;sxh ftruk fnu Hkj esa feV~Vh rsy forfjr gks lds rFkk miyCèk gksA forj.k djrs le; r`rh; LVst dh psfdax gksxhA r`rh; LVst esa forj.k dh pafdax rFkk forj.k ls lacfU/kr izek.ki= fd jk'ku dkMZ /kkjdksa dks frfFkokj fdruk fdruk yhVj feV~Vh dk rsy mfpr nj fodzsrk }kjk forfjr fd;k x;k gS] lacaf/kr xzke iapk;r dh iz'kklfud lrdZrk lfefr ds lnL;ksa ,oa xzke fodkl vf/kdkjh ds gLrk{kjkUrxZr tkjh gksxkA xzke iz/kku dk ;g nkf;Ro gksxk fd muds xzke esa fLFkr jk'ku dkMZ /kkjdksa dk le; ls fu/kkZfjr ek=k esa fdjkslhu vk;y feyrk jgsA 'kgjh {ks= esa r`rh; LVst esa forj.k dh psfdax rFkk forj.k ls lacaf/kr izek.k i= fd dqy fdrus jk'ku dkMZ /kkjdksa dks frfFkoj fdruk fdruk yhVj feV~Vh dks rsy mfpr nj fodzsrk }kjk forfjr fd;k x;k gS] lacaf/kr {ks=h; iwfrZ fujh{kd ,oa ckV eki fujh{kd ds gLrk{kjkUrxZr tkjh gksxkA iwfrZ fujh{kd dk ;g nkf;Ro gksxk fd mlds {ks=kUrxZr fLFkr jk'ku dkMZ /kkjdksa dks le; ls fu/kkZfjr ek=k esa fdjksflu vk;y feyrk jgsAÞ 5. The aforesaid Government Order is the policy decision of the State Government, which holds the field. No material has been brought on record to indicate any acceptable ground to interfere with the said policy decision. Under the circumstances, the petitioners are bound to get endorsement in the manner as provided under para-4 of the aforesaid Government Order. Unless the aforesaid Government Order dated 2.6.2008 is amended or superseded by another Government Order or Statue providing otherwise, even the officers of the Supply Department or wholesale dealers cannot require retailers to submit certificate or endorsement in a manner otherwise than that provided in para-4 of the Government Order. 6. Unless the aforesaid Government Order dated 2.6.2008 is amended or superseded by another Government Order or Statue providing otherwise, even the officers of the Supply Department or wholesale dealers cannot require retailers to submit certificate or endorsement in a manner otherwise than that provided in para-4 of the Government Order. 6. In view of the aforesaid, all these writ petitions are disposed of providing that the certificate under para-4 of the Government Order dated 2.6.2008, shall be issued by the members of “Satarakta Prashasnik Samiti” of the village Panchayat concerned and the Gram Vikas Adhikari. In matters relating to urban areas, the procedure as provided in the later part of the aforesaid para-4 of the Government Order shall be followed.