KARAM BIMOL SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr A. Nilamani Singh, learned counsel for the petitioners. Heard also learned Government Advocate appearing for the State Respondents 1 & 2. Notice has been duly served upon the remaining private respondents. None appears for them. I have also considered the records of the case.

(2.) By this application under Article 226 of the Constitution the petitioners have sought to quash the impugned order of the State Government dated 12.10.92 (Annexure-A/5 to the writ petition). The petitioners were appointed as Fair Price Shop owners/agents as per the Government order dated 27.7.90 (Annexure-A/2). The appointment was for a term of 2 years renewable for further term of shorter period. The terms & conditions No. 8 provides "the ownership will be terminated at any time for violation of any one or more of the above terms and conditions." Some of the persons who were rationing agents appointed under Memorandum dated 3.5.90 (Annexure-A/1) were not appointed as Fair Price shop owners after the orders dated 27.7.90 (Annexure-A/2). They filed writ petitions registered as C.R. Nos. 326 to 334. A division bench of this High Court by JUDGMENT & ORDER dated 4.9.92 directed that all the rationing agents which were not appointed as agent of Fair Price Shop may file representation to the State Government and if the representations are filed this shall be disposed of within a period of one month. Pursuant to this order of this Court, the Under Secretary to the Govt. of Manipur, FCS wrote the impugned letter dated 12.10.92 to the Director of Food & Civil Supply. This letter is quoted below:- "No. 11/1/93-FCS Government of Manipur Secretariat: Food & Civil Supplies Department. Imphal, the 12th Oct. '92. To The Director/FCS, Manipur. Sub : Representation for compliance of the order/direction dated 4.1.92 of the Hon'ble Gauhati High Court in C.R. No. 318, 326 to 334,357 to 359,372 and 441 of 1990. Sir, I am directed to refer to your letter No.1/ 495/90-DFCS/2065 dated 15.5.92 on the above subject and to convey the approval of the Govt. to the re-appointment of the former 12 Rationing Agents as Fair Price Shop Agents of Ward No. 15, 16 &17 by cancelling the existing 12 Fair Price Shop Agents shown against each of them Wan below:- No. 15 1.U.Gopal Singh Yumnam Leikai - in place of Shri Kar-am Bimol Singh existing F.P.S. Agent. 2.M. Biren Singh, Chinga Mathak Pishum Leikai - in place ofN. Sarat-Kumar Singh Chingamathak Nameirak-pam Leikai existing F.P.S. Agent. S.Th.Tambalngou -Pishum Singh Chingamathak Leikai in place of H. Raj-mani Singh,Chinga-mathak existing F.P.S. Agent. 4.R.K. Bokulsana Singh Singjamei Thokchom Leikai Ware - in place of Sibanan-da Singh existing F.P.S. Agent. No. 16 1 . L. Loken Singh, Singjamei Chong-tham Leikai - in place of L. Gojan-dro Singh Chingamakha Liwa Road existing F.P.S. Agent. 2.S.TombiSingh Chingamakha Yambem Leikai - in place of T. Bobs Singh Chingamakha Ningthoujam Leikai existing F.P.S. 3.W.BinodkumarSir Chinga Makha Maibam Leikai Agent, igh-in place of S. Lulkin Singh existing F.P.S. Agent 4.H. Chittaranjan Singh, Chinga Makha Irom Leika War - in place of Irom Thoiba existing F.P.S. Agent No. 17 1. 0. Khomba Singh, Singjamei Oinam Leikai - in place of Sarung-bamBijenSingti, Mayengbam Leikai existing FPS Agent 2. N. Gulamjat Singh Thongam Leikai - in place of A. Dhananjoy Sinjgh existing FPS Agent. S. Khomba Singh, - in place of L. Tom- Okram Leikai cha Singh existing F.P.S. Agent. K. Tomba Sharma - in place of Sri S. Shyam Sharma existing FPS Agent has resigned. Further, except in the case of Shri K. Tomba Sharma who is to be appointed as FPS agent vice S. Shy am Sharma, FPS agent who had resigned, necessary show cause for cancellation of the existing FPS Agent mentioned above in the context of the High Court's Orders dated 4.1.92 may be issued before Orders for appointment of the old rationing agents as FPS Agents are issued. Yours faithfully, Sd/-. S. Sunderlal Singh Under Secy. (FCS), Govt. of Manipur."

(3.) Aggrieved by the aforesaid letter, the petitioners Karam Bimol Singh, Sharatkumar Singh Rajamani Singh and others who were sought to be replaced by the persons mentioned in the above letter filed this instant Civil Rule. Even though the case was adjourned several times giving the State respondents opportunity to file counter, the State respondents did not filed any counter. While admitting this Civil Rule, this Court by order dated 19.10.92 stayed operation of the impugned letter dated 12.10.92. By another order dated 15.3.93 the interim order was allowed to continue. By virtue of this interim order the petitioners are still continuing as Fair Price Shop Owners/Agents.