Madhya Pradesh High Court
Hari Ram vs The State Of Madhya Pradesh on 25 February, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
NEUTRAL CITATION NO. 2025:MPHC-JBP:8861
1 WP-34850-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 25th OF FEBRUARY, 2025
WRIT PETITION No. 34850 of 2024
HARI RAM
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Anil Lala - Advocate for the petitioner.
Shri V.S. Choudhary - Government Advocate for the respondents.
ORDER
Learned counsel for the petitioner submits that the present case is
squarely covered by order dated 28.01.2025 passed by this Court in Writ
Petition No. 2217 of 2025 and prays that the similar direction be issued in
this case also.
The order passed by this Court in Writ Petition No.2217 of 2025 reads
as under:-
" Petitioner's contention is that, petitioner is aggrieved of order dated
21.11.2024 (Annexure P-9) passed by the respondent No.1 in regard to up-
dation of stock register etc. on Electronic Data for the period when it was
physically distributed due to the Pandemic COVID-19.
Learned counsel for the petitioner places reliance on the orders of this
Court passed in W.P. No. 40481 of 2024 decided on 10.01.2025 and order
dated 08.01.2025 passed by the Co-ordinate Bench of this Court in W.P. No.
39382 of 2024, seeking interim relief saying that earlier also these directions
NEUTRAL CITATION NO. 2025:MPHC-JBP:8861
2 WP-34850-2024
were issued vide Annexure P-7 & P-8 and they have not been followed.
Shri Vivek Sharma, learned Dy. Advocate General for the
respondents/State in his turn submits that, the only exercise which is being
now taken up is to upload the data in regard to disbursement of food-grains
in physical mode during the Pandemic COVID-19 on the machine and after
that enquiry which is to be conducted in presence of the Manager of the
Society besides other members, a decision will be taken as to whether there
is any shortfall or excess of food-grains or not. He undertakes to direct the
authorities that once this exercise is completed and then, if any action is
purported to be taken against the petitioner, then, the authority shall first
issue a show-cause notice, give an opportunity of hearing and then only take
coercive measures.
After hearing learned counsel for the parties and going through the
record, it is evident that, all the details are to be updated on the POS Machine
in terms of the previous circulars of the Government dated 21.03.2020 and
those issued from time to time.
Thus, in terms of the undertaking furnished by Shri Sharma, learned
Dy. Advocate General that records will be updated electronically on POS
Machine on the basis of the acknowledgments obtained by the Fair Price
Shops for distribution of food-grains during COVID period in terms of the
relevant circulars, if there is any short-fall or excess before taking any action,
show-cause notice will be issued, giving them reasonable opportunity to
represent their case, I think that, this fact was not brought to the notice of
either the Co-ordinate Bench or this Court where the orders were passed
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respectively on 08.01.2025 and 10.01.2025, therefore, this petition is
disposed of, reserving a liberty in favour of the respondents to update the
data on POS Machine and then take a call, but before taking any coercive
action as per the undertaking they will issue a notice to the petitioner and
take action after soliciting his/her reply by giving at least 15 days time.
Even otherwise, in the light of the judgment of Hon'ble Supreme Court
in the case of Union of India & another Vs. Kunisetty Satyanarayana
(2006)12 SCC 28, writ petition is not maintainable against a show-cause
notice.
In above terms, this writ petition is disposed of. ''
Accordingly, these writ petitions can be disposed off with a direction
that the orders passed by this Court on 28.01.2025 in Writ Petition No.2217
of 2025 shall be applicable mutatis mutandis to the facts & circumstances of
these cases.
In above terms, these writ petitions are disposed of.
(VIVEK AGARWAL)
JUDGE
AR
