M/S Harbhagwan And Ors vs Govt. Of Nct Of Delhi And Ors
2013 Latest Caselaw 5399 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

%
                                               Date of Decision: 22.11.2013

+              WP(C) No.1324 of 2013 & CM No.2514 of 2013
       M/S HARBHAGWAN AND ORS
                                                             ..... Petitioner
                           Through:      Mr. Yogesh Kumar, Adv.

                           versus

       GOVT. OF NCT OF DELHI AND ORS
                                                             ..... Respondent
                           Through:      Mr. Rajesh Raina, Adv. for R-4
                                         Ms. Sujata Kashyap, Adv. for R-1-3
CORAM:
HON'BLE MR. JUSTICE V.K.JAIN

                                JUDGMENT

V.K.JAIN, J. (Oral)

The respondent No.4 M/s. Makkar Store, made a request to the Food & Supplies Department, Government of NCT of Delhi for shifting of his business premises from Shop No.8, Naroji Nagar, New Delhi to P-7, Village Pillanji, Sarojini Nagar, New Delhi. The aforesaid application was rejected by the Assistant Commissioner, Food & Supplies. Being aggrieved from the rejection of his application respondent No.4 preferred an appeal under Clause 6 (7) of the Delhi Specified Articles (Regulation of Distribution) Order, 1981, before the Financial Commissioner, Delhi. Vide order dated 13.9.2012, which has been impugned in this writ petition, the Financial Commissioner ordered withdrawal of the order passed by respondent No.3, rejecting the application of respondent No.4 for shifting of his business premises and directed issue of a fresh order, permitting him to run the Fair Price Shop

No.6501 in an appropriate location and premises identified by him in Village Pilanji. It was directed that while doing so the Food, Supplies & Consumer Affair Department shall also arrange for re-allotment of card holders amongst the shops functioning in that area, in an equitable manner, in order to make them reasonably viable and functionally convenient for the card holders attached to each one of those shops. In compliance of the said directions, the Assistant Commissioner, Food & Supplies Department, New Delhi vide his order dated 30.1.2013, withdrew certain cards from the petitioners and allocated the same to respondent no.4 and another fair price shop owner M/s Satnarain. Being aggrieved from the aforesaid order dated 13.9.2012 passed by the Financial Commissioner, Delhi as well as the consequent order dated 30.1.2013 passed by the Assistant Commissioner, the petitioners are before this Court seeking the following reliefs:

a) to quash the impugned order dated 13.9.2012 passed by the respondent no.2 and subsequent order dated 30.1.2013 passed by the respondent no.3 in pursuant to the order dated 13.9.2012.

2. The learned counsel for the petitioners has contended that since the prayer made in the appeal preferred by the respondent no.4 before the Financial Commissioner was restricted to shifting of his business premises from Shop No.8, Nauroji Nagar, New Delhi to P-7, Village Pillanji, Sarojini Nagar, New Delhi, no order directing redistribution of the cards could have been passed by the Financial Commissioner.

3. The Office Order dated 9.12.2010 issued by the Secretary-cum-Special Commissioner, Department of Food Supplies & Consumer Affairs, to the extent it is relevant, reads as under:

"During the current session of Legislative Assembly of Delhi, a number of questions have been asked by the

Hon'ble Members regarding uneven linking of ration cards with the FPSs and KODs. While replying to the questions, it has been observed that there is a very wide variation in the number of ration cards linked to various FPSs and KODs within the same circle.

In view of above, all the Assistant Commissioners are hereby requested to carefully workout the proposal of rationalization of linking and delinking of ration cards in such circle under their respective jurisdiction. The said process of rationalization should be worked out keeping in view the norms and the guidelines issued by the Department, from time to time."

4. It would thus be seen that the Assistant Commissioners concerned are to ensure rationalization of linking and delinking of ration cards, in their respective circles, in terms of the norms and guidelines issued by the Department of Food and Supplies from time to time. The guidelines issued in this regard stipulate allocation of one thousand (1000) ration cards to each Fair Price Shop holder. A perusal of the order dated 30.01.2013 would show that even after re-distribution of ration cards in terms of the said order, the number of ration cards allocated to respondent no.4 - M/s. Makkar Store and M/s Satnarain is 185 each. Same is the number of ration cards now available with the petitioners. Therefore, there is no favouritism shown to respondent no.4 or to M/s Satnarain, in the matter of distribution of ration cards. This can hardly be disputed that in case shifting of a fair price shop is allowed from one locality to another, ration cards have to be provided to the said FPS in the new locality and initially that can be done only by withdrawing ration cards from the existing fair price shops. It would be travesty of justice to say that though respondent no.4 could be allowed to shift his business premises from Shop No.8, Naroji Nagar, New Delhi to P-7, Village Pillanji, Sarojini Nagar,

New Delhi, he should not have been allocated ration cards at the new place. The shifting of business premises would be wholly meaningless and fruitless unless the ration cards are also allocated to the fair price shop at the new place.

5. Though no specific prayer was made by the respondent no.4 to the Financial Commissioner for allocating ration cards to him, such allocation, in my view, is necessary consequent to the order permitting shifting of the fair price shop from one locality to another. Even if the order of the Financial Commissioner, to the extent he has directed linking/ delinking of ration cards so as to ensure their distribution amongst all the fair price shops in equitable manner is set aside, the concerned Assistant Commissioners, in compliance of the office order dated 9.12.2010 will have to undertake the said exercise and allocate the ration cards to respondent no.4. Therefore, no useful purpose would be served in case the aforesaid directions given by the Financial Commissioner is set aside by this Court.

6. For the reasons stated hereinabove, I find no good ground to interfere with the orders dated 13.9.2012 passed by the respondent no.2 - Financial Commissioner and consequent order dated 30.1.2013 passed by the respondent no.3 - Assistant Commissioner, Food and Supplies Department. The writ petition is accordingly dismissed. There shall be no orders as to costs.

NOVEMBER 22, 2013/rd                                           V.K. JAIN, J.