The Uttarakhand High Court disposed of a Public Interest Litigation (PIL) filed making a grievance with regard to the conduct of the private respondents, who are fair price shop dealers, in relation to the diversion of food grains, particularly during the pandemic.
The petitioners made complaints against the fair price shop dealers, who are impleaded as respondents. Since no concrete action was taken, the petition was preferred by the petitioners in January, 2021.
During the pendency of the petition, the respondent authorities have taken action against these private respondents.
Having heard Counsels, the Division Bench of Chief Justice Vipin Sanghi and Justice Manoj Kumar Tiwari is of the view that the petitioners should have been heard, since it is on their complaints that actions have been initiated against the private respondents, who are fair price shop dealers.
The High Court, therefore, directs that wherever appeals are pending, the petitioners shall also be noticed and allowed to participate in the proceedings. They may produce relevant documents and submissions in support of their complaints. The Appellate Authority shall decide the appeals by passing reasoned orders. The appellate decisions shall be circulated to the petitioners as well.
So far as the dealership of respondents which has been restored by the Commissioner is concerned, since the petitioners have not been heard, the High Court inclined to allow the Petitions. The High Court, accordingly, allowed the said petition and set aside the order dated 22.8.2022 passed by the Commissioner in Appeal. The said appeals are remanded back to the Commissioner, who shall hear the same afresh, while granting an opportunity of representation to the petitioners as well, as aforesaid.
It is clarified by the High Court that it has not examined either the complaints of the petitioners or the appellate order passed by the Commissioner on merits and further directed that in cases where inquiries are still in progress, the same shall be concluded within the next three months and appropriate orders shall be passed on merits in each case.