Vishwanath vs State Of U.P. & 5 Others
2014 Latest Caselaw 5074 ALL

Citation : 2014 Latest Caselaw 5074 ALL
Judgement Date : 26 August, 2014

Allahabad High Court

Vishwanath vs State Of U.P. & 5 Others on 26 August, 2014

Bench: Amreshwar Pratap Sahi, Vivek Kumar Birla




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 21
 
AFR
 
Case :- WRIT - C No. - 44126 of 2014
 
Petitioner :- Vishwanath
 
Respondent :- State Of U.P. & 5 Others
 
Counsel for Petitioner :- Kamlesh Kumar Tiwari,Ajay Kumar Tiwari
 
Counsel for Respondent :- C.S.C.,T.M. Khan
 

 
Hon'ble Amreshwar Pratap Sahi,J.

Hon'ble Vivek Kumar Birla,J.

Heard learned counsel for the petitioner.

The petitioner is claiming his rights to receive essential commodities under the food distributorship system as he claims himself to be a person below poverty line and also claims the benefits of Antodaya Card System.

The petitioner was already in the list, but his name has been excluded in the list which has now been provided to him under the Right to Information Act, 2005. The petitioner contends that this exercise has been undertaken without considering the exact status of the petitioner and, therefore, the authority has wrongly excluded the name of the petitioner from the list.

In our opinion, the exclusion of the name amounts to an exercise of power by the Food Officer as defined under Clause 2 (m) of the U.P. Scheduled Commodities Distribution Order, 2004.

It has been pointed out by the learned Standing Counsel that once the Food Officer has taken a decision then an appeal lies under Clause 28 of the said order of 2004. The provision for appeal permits that the concerned Divisional Commissioner or the Assistant Commissioner, if empowered, shall hear any such appeal. The period for such an appeal is provided for 30 days.

In our opinion, since the petitioner is facing this difficulty on account of the publication of the list which has been made available under the Right to Information Act, the petitioner can file an appeal within 15 days from today and in case the same is filed, it shall not be dismissed on the ground of limitation and shall be decided within three months' from the date of presentation of a certified copy of this order before the appellate authority.

With the said observations, this writ petition is disposed of.

Order Date :- 26.8.2014

Anand Sri./-