Judgment:
1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (PIL) No.2542 of 2010 Ram Nivas Prasad … … … … … … Petitioner Versus The State of Jharkhand and others … ... ... ... Respondents ------ CORAM: HON'BLE MR. JUSTICE VIRENDER SINGH, CHIEF JUSTICE HON'BLE MR. JUSTICE D. N. PATEL ----- For the Petitioner: M/s. Mahesh Kumar Sinha, Niranjan Kr Sinha For the Respondents: J.C. to A.G. ------ th 15/Dated :
24. November, 2014 Per D. N. Patel, J1 This Public Interest Litigation has been filed mainly to get direction upon the respondents to provide sugar through Fair Price Shops to the poor who are living below poverty line and coming under the criteria of Below Poverty Line/Antyodaya Anna Yojna) (in short referred to as ‘BPL/AAY’) within the State of Jharkhand. There is a purpose for providing rice, wheat, kerosene oil on month to month basis to the poor through the Fair Price Shops.
2) During the course of arguments, it is submitted by the counsel for the petitioner that so far as rice, wheat, etc is concerned, now the State of Jharkhand is distributing the same through the Fair Price Shops, but, still they are not distributing sugar through the Fair Price Shops to the poor who are coming under the criteria of BPL/AAY schemes within the State of Jharkhand and, therefore, suitable direction may kindly be given to the State of Jharkhand to distribute sugar to the poor people of the State of Jharkhand.
3) We have also heard learned counsel for the State who has submitted that a detailed counter affidavit has been filed by the State- respondent No.7 who is working as Director (Cost) in the office of Directorate of Sugar, Department of Food & Public Distribution, Krishi Bhawan, New Delhi, who has stated that at a subsidized rate, in the State of Jharkhand they are provided rice, wheat, etc regularly and the State of Jharkhand is permitted to lift sugar from Rajasthan, Haryana, etc for which a subsidy is given by the Central Government and the State can distribute sugar to the people at large who are coming in the criteria of BPL/AAY. The State has also filed detailed counter affidavit to the effect 2 that per family, 2 kg sugar will be supplied for which Notice Inviting Tenders will be issued after the Code of Conduct comes to an end because of the ensuing elections in the State of Jharkhand and, therefore, from the month of February, 2015, the sugar will be supplied to the public at large who are coming under BPL/AAY through Fair Price Shops in the State of Jharkhand.
4) In view of the submissions and looking to the affidavits filed by respondent No.7 as well as by the respondents-State, we see no reason to continue with this Public Interest Litigation, because the purpose for which this writ petition was preferred has now been achieved. Paragraphs 16.1 and 16.2 of the affidavit filed by the respondent No.7, who is Director (Cost) in the office of Directorate of Sugar, Department of Food & Public Distribution, Krishi Bhawan, New Delhi, reads as under: - “16.1 Government makes allocation of foodgrains (wheat, rice and coarse grains) to the States/UTs under Targeted Public Distrbution System (TPDS) and Other Welfare Schemes (OWS) at highly subsidized Central Issue Prices (CIPs). Under the TPDS, till ow Government has been making allocation of foodgrains to the States/UTs for 6.52 crore BPL (including 2.43 crores AAY) families @ 35 kg per family per month and 11.52 crore APL families @ 15 kg-35 kg per family per month as per 1993-94 poverty estimates of Planning Commission and March 2000 population estimates of RGI. Government has also been allocation additional foodgrains to States/UTs for distribution to additional BPL families since 2010-11. 16.2 Under National Food Security Act (NFSA), the coverage under TPDS has been increased to cover 75% of the rural population and 50% of the urban population. As per the Act, every person belonging to priority households shall be entitled to receive 5kg of foodgrains per person per month and AAY households shall be entitled to get 35 kg per households per month at a subsidized prices of Rs.3 per kg of rice, Rs.2 per kg of wheat and Re.1 per kg of coarse grains. So far 11 States/UTs i.e. Rajasthan, Haryana, Himachal Pradesh, Bihar, Chhattisgarh, Karnataka, Madhya Pradesh, Maharashtra, Punjab, Chandigarh and NCT of Delhi have implemented the NFSA and revised monthly allocation of foodgrains, as per entitlement under the NFSA, has been made to these States/UTs. Remaining States/UTs are being allocated foodgrains under TPDS as per earlier norms.”
5. In view of the aforesaid affidavit, it appears that the levied sugar is allotted to the State of Jharkhand from Sugar Mills situated in different 3 States, subsidy is also provided by the Central Government and now the State is also ready to distribute 2 kg of sugar per family per month to the family who are coming under the criteria of BPL/AAY. However, due to ensuing elections in the State of Jharkhand in the month of December, 2014, when the Code of Conduct is applicable, the State of Jharkhand cannot publish Notice Inviting Tenders for distribution of sugar within the State of Jharkhand and rightly so. We, therefore, direct; (a) the State of Jharkhand to publish Notice Inviting Tenders immediately after the Code of Conduct comes to an end in the State of Jharkhand, so that the sugar can be distributed to the rank & file of the State of Jharkhand to those who are coming under the criteria of BPL/AAY. (b) We also direct the State of Jharkhand that after publishing Notice Inviting Tenders, the process should be completed so speedily that the actual distribution of the sugar to the families which are coming under the criteria of BPL/AAY starts through Fair Price Shops on and from February, 2015 and if no sugar is distributed in the month of February, 2015, the quota of 2 kg of Sugar for that month will be distributed in addition to the quota of March, 2015.
6) In view of the aforesaid observations and directions, this Public Interest Litigation is disposed of. (Virender Singh, C.J.) Manoj/ (D. N. Patel, J)