The Division Bench of the Patna High Court, comprising Chief Justice K Vinod Chandran and Justice Madhuresh Prasad in the case of Md. Ishakh vs. Union of India & Ors has dismissed the PIL seeking inquiry into alleged malpractice in issuing Ration Cards in Bihar.
The petitioner in the Public Interest Litigation (PIL) had presented evidence of alleged irregularities involving a specific dealer within the Public Distribution System (PDS).
During the proceedings, the State informed the court that it had taken certain actions in response to the alleged irregularities. These actions included the deletion of names of beneficiaries from the Ration Cards that were issued by the dealer in question.
The Court considered the submission of the parties and observed that the provisions of the Bihar Targeted Public Distribution System (Control) Order, 2016 finds that the same provides for inspection of fair price shops and action to be taken against the licensee in the appropriate circumstances of violation of the terms of license or unfair practices being adopted by the licensee.
The Court further expounded that Clause 20 of the the BTPDS (Control) Order, 2016 provides for periodic inspection and Clause 25 the action against a licensee for certain circumstances, including in the event the dealer makes false entries in the BPL ration card(s).
The Court took note of the action taken in respect of the complaints raised by the petitioner and the provisions of the BTPDS (Control) Order, 2016 which contain adequate powers and provisions for dealing with any unfair practice being adopted by PDS dealers.
Therefore, the Court dismissed the PIL as the Court does not find any reason to keep the instant writ proceeding, by way of PIL, pending any further.
Case Details
Case:- CWJC No.1710 of 2023
Petitioner:- Md. Ishakh
Respondent:- Union of India & Ors
Counsel for the Petitioner - Mr. Krishna Chandra
Counsel for the Respondent – Mr. Dr. K. N. Singh
Judge: Chief Justice K Vinod Chandran and Justice Madhuresh Prasad
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