MOHAMMAD ASHRAF WANI Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) In view of the identical issues involved in these writ petitions, they were heard together and are being disposed of by this common judgment.

(2.) The petitioners in these writ petitions are the fair price shop dealers, who have been allotted fair price shops primarily in terms of Government of J&K's order No.127-FCS&CA of 2016 dtd. 4/8/2016 and number of other petitioners have been allotted the fair price shops under the various other orders issued from time to time.

(3.) As a matter of fact, to maintain supplies and secure availability and distribution of essential commodities, namely food grains under the Targeted Public Distribution System, the Ministry of Consumer Affairs, Food and Public Distribution, Government of India, in exercise of the powers conferred by Sec. 3 of the Essential Commodities Act, 1955, issued and published G.S.R. 213(E) dtd. 20/3/2015 nomenclated as Targeted Public Distribution System (Control) Order, 2015 (for short 'the order of 2015'), in supersession of Public Distribution System (Control) Order, 2001.Thereafter, in exercise of the powers conferred by Sec. 3 of the Essential Commodities Act, 1955, read with Clause 9 of the Order of 2015, the Commissioner/Secretary to the Government, Department of Food, Civil Supplies and Consumer Affairs, Civil Secretariat, Jammu/Srinagar i.e. respondent No. 1 issued an S. O. 41 dtd. 19/1/2023 (for short 'the SO 41') thereby superseding all previous orders issued in that behalf.