TALIB HUSSAIN Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) The petitioners also seek writ of mandamus directing the respondents not to bifurcate the ration cards pertaining to the petitioners fair price shops. In order to appreciate the petitioners grievance, few facts need mention, which are stated infra.

(2.) The petitioners have been granted licences to run fair price shops in Paristan Hallan/Bass (Ukhral), Hoochak, Chulie Gujrara Senibati, Maligam Panchayat-A, Phagmullah Panchal, Bengara and Kundra Pogal Parstan from the year, 1997, 2006, 2004, 1994, 1992, 1997 and 2010 respectively. In view of order dated 01.08.2003 issued by the State Government, the petitioners, who are Ration Dealers of various fair price shops, are getting 5% of sales value of the food grains as commission. It is case of the petitioners that large numbers of complaints were received by the State Government with regard to the irregularities in distribution of the foodstuff. Thereupon, the State Government with a view to provide food grains at the nearest possible distance to the public in general and with a view to increase the sale outlets in compliance of the National Food Security Act, 2013 proposed to formulate a scheme in order to control the network of sale depots, by opening 7967 shops under the name and style of Government Controlled Sales Depot including existing Fair Price Shops. Such sales depots were required to cater the needs of 200 to 250 families. It is pleaded in the petition that the State Government passed order dated 14.03.2014 along with memorandum for submission to the Cabinet for opening 7697 departmental sale outlets and for engaging 7696 salesman and 7696 helpers to run these Government sales outlets. The monthly honorarium of Rs. 4500/- was required to be paid to the Salesmen and Rs. 3000/- per month was to be paid to the Helpers. It is the case of the petitioners that the aforesaid memorandum submitted to the Cabinet was approved by the Cabinet vide order dated 16.07.2014 and the Consumer Affairs and Public Distribution Department was authorised to open 7697 sales outlets in replacement of existing Fair Price Shops and the outlet functioning through internal adjustment by engaging 7697 Salesmen and even number of helpers.

(3.) Thereafter, in pursuance to the decision dated 16.07.2014 taken by the Cabinet, the Secretary, Consumer Affairs and Public Distribution Department, J&K Civil; Secretariat, Srinagar vide communication dated 01.08.2014 directed the Directors of the Consumer Affairs and Public Distribution Department of both the divisions of the State to finalize the locations, where sale centres needs to be established and the licences for running the Fair Price Shops were required to be surrendered. It is further pleaded in the petition that the petitioners have surrendered their licences, however, respondent No. 1 issued notice dated 11.09.2015, by which meeting was convened on 14.09.2015 with regard to the opening of the New Fair Price Shops in violation of the decision taken by the Cabinet. In the aforesaid factual background, the petitioners have approached this Court.