GANPAT DHARMA MENGAL Vs. TEHSILDAR OFFICE, MURBAD

JUDGEMENT

(1.) It is disheartening situation for us when we the fortunates are eagerly awaiting as the festive season is approaching and the festival of lights would spread joy and happiness in the society throughout the State or the whole nation, here are the few petitioners who are the members of the marginalised Sec. in general and tribals in particular who have approached this Court on a grievance that they are deprived of the basic requirement of human life, i.e., food, only on account that the State machinery is not technically equipped to give them the benefits flowing from the scheme formulated and floated by the Union of India and to be implemented and executed by the respective States. The reason, as we have stated, for deprival of distribution of foodgrain to these petitioners is that their Aadhaar Card is not linked with the system and secondly in view of the Government circular dtd. 13th October 2016 for receiving the benefits of public distribution system, it is a prerequisite that Aadhaar card of each member of the family who is enlisted in the ration card must have been linked in the RCMS system / portal.

(2.) The Petitioners are the residents of the tribal area of Thane district, namely taluka Murbad. It would be necessary for us to refer to certain facts such as that the Union of India formulated the scheme, namely, the National Food Security Act, 2013 with a laudable object as it is stated in the Act to provide for food and nutritional security in human life cycle approach, by ensuring access to adequate quantity of quality food at affordable prices to people to live a life with dignity and for matters connected therewith or incidental thereto. Sec. 3 of the said Act deals with the provisions for food security. It would be necessary to refer to certain provisions of this Sec. and it reads thus :

(3.) Now, on the basis of the said Act, the State of Maharashtra issued Government Resolution dtd. 13th October 2016 under the caption "Furnishing of District-wise Updated Target And Action to be taken therefor under the National Food Security Act, 2013". The decision of the State Government further states that