VISHWANATH Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the petitioner. The petitioner is claiming his rights to receive essential commodities under the food distributorship system as he claims himself to be a person below poverty line and also claims the benefits of Antodaya Card System.

(2.) The petitioner was already in the list, but his name has been excluded in the list which has now been provided to him under the Right to Information Act, 2005. The petitioner contends that this exercise has been undertaken without considering the exact status of the petitioner and, therefore, the authority has wrongly excluded the name of the petitioner from the list.

(3.) In our opinion, the exclusion of the name amounts to an exercise of power by the Food Officer as defined under Clause 2 (m) of the U.P. Scheduled Commodities Distribution Order, 2004.