FAROOQ AHMAD BHAT Vs. UT OF J&K

JUDGEMENT

(1.) The petitioners have invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India for issuance of a Writ of Mandamus commanding upon the respondents not to disengage them with respect to operation of Food Fair Price Shops allotted to them under valid and proper licences.

(2.) Before a closer look at the grounds urged in the memo of petition, it shall be apt to have an overview of the background facts giving rise to the present petition.

(3.) Case set up by the petitioners is that the Government of J&K issued a policy for opening Fair Price Shops under targeted Public Distribution (Control) Order, 2015 and a scheme thereunder was issued by the Government vide Order No.127-FCS&CA of 2016 dtd. 4/8/2016. The object of the scheme with respect to opening of Food Fair Price Shops at other villages/locations was to provide easy access/availability of food to every household at the nearest possible location and to provide livelihood to the unemployed youth on commission basis. According to the petitioners, they are operating and running the Food Fair Price Shops at different villages/locations allotted to them by the concerned competent authority after completing the legal formalities and requirements.