CHATTER SINGH AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) - Two appeals have been filed challenging the common order dated 27.07.2017 passed by the learned Single Judge in OWP No. 869/2017 and OWP No.860/2017. LPAOW No.79/2017 has been filed by Chatter Singh son of Mai Ram resident of village Kanthi Tehsil Thuru District Reasi and LPAOW No.86/2017 has been filed by Kewal Singh son of Sh. Lal Singh resident of village Chinkah Tehsil and District Reasi.

(2.) The appellants in both the appeals claim to be running Fair Price Shops for the last more than a decade. They were given right to run the Fair Price Shops on the policy prevailing at that point of time. On demand of consumers for supply of essential commodities, the Government of India enacted National Food Security Act, 2013 which has been adopted by the State of Jammu and Kashmir. In consonance with the said Act, the Government brought a policy for the purpose of opening fair price shops i.e Targeted Public Distribution System (Control) Order 2015. In furtherance to the Targeted Public Distribution System (Control) Order 2015, norms and guidelines were issued from time to time.

(3.) In the present appeals as well as before the Writ Court Government Order No. 127-FCS &CA of 2016 dated 04.8.2016 was pointed out as a basic parameter for establishment of new fair price shops. The Government also formulated Mufti Mohammad Sayed Food Entitlement Scheme where-under number of souls who will be entitled to the benefit of National Food Safety Act, 2013 was increased to around 20 lakh souls and that required opening of a new fair price shop to ensure hassle free distribution of ration. Therefore, in terms of Government Order No. 137-FCS &CA dated 02.09.2016, 4388 new fair price shops were ordered to be opened and the distribution of number of fair price shops is as under: