The Gauhati High Court directed the respondent authorities to implement the provisions of the National Food Security Act, 2013 in its letter and spirit and to provide foodgrains to the poor households, who do not possess ration cards, in accordance with law.
The Division Bench of Chief Justice Rashmin Manharbhai Chhaya and Justice Soumitra Saikia disposed of a Public Interest Litigation (PIL) filed by one Syeda Mehzebin Rahman prayed for the following reliefs:
“(i) Issue a writ of mandamus directing the respondent viz. Food, Civil Supplies and Consumer Affairs Department of the Government of Assam to expeditiously and in a time-bound manner dispose of the applications for ration cards made by 203 households of Uzanbazar, Bharalumukh, Santipur and Bhutnath areas in Guwahati by issuing ration cards to them;
(ii) Issue a writ of mandamus directing the respondent viz. Food, Civil Supplies and Consumer Affairs Department of the Government of Assam authorities to conduct a survey in the entire Kamrup(M) district to identify poor households who do not have ration cards and to issue ration cards to them and during the course of the survey invite applications from such households through rigorous advertisement;
(iii) Issue a writ of mandamus to the respondent authorities to provide foodgrains under the National Food Security Act, 2013 to poor households who do not possess ration cards until and unless such ration cards are not issued to them;
(iv) Pass any other such writ(s)/order(s)/directions(s) as the Hon’ble Court may deem fit and proper in the interests of justice.
AND
During the pendency of this application, it is most humbly prayed that this Hon’ble Court may kindly be pleased to pass the following interim orders; (i) Direct the respondent authorities to immediately provide poor households without ration cards foodgrains for the next six months at least in the same manner and to the same extent as those households with ration cards; (ii) Operate sufficient community kitchens providing two meals with rice, dal and one sabji to all poor families across the state for the next six months at least.”
Having considered the submissions made by the counsel for the respondents and on the basis of the materials on record, the Court noted that some attempts have been made by the authorities, including the Central Government and the State Government towards resolving the issue involved in this PIL.
As far as the grant of ration cards is concerned, the needy applicants are required to follow the rules and have to apply in Form-C along with the mandatory documents. As averred by the petitioner, in cases where verification has already been done, the authorities should process the same as expeditiously as possible. Grant of ration card requires individual competence for the same and the rules thereof are strictly required to be followed. The authorities are also required to conduct survey, as prayed for, and after identification of the beneficiaries, necessary steps for providing foodgrains under the National Security Act, 2013 are required to be taken, observed by the High Court.
As far as the period of COVID-19 pandemic is concerned, from the affidavits filed by the Deputy Commissioner, Kamrup (M), the Bench noted that adequate measures have been taken by the authorities and, in light of the same, no further directions are required to be issued for distribution of food as COVID-19 pandemic has also eased out.
However, considering the reliefs prayed for and having heard the counsel for the respective parties, the Court opined that the following directions will subserve the interest of justice:
(i) The respondent authorities, more particularly, the Director of Food, Civil Supplies and Consumer Affairs, Assam, and the Deputy Commissioner, Kamrup (M), are hereby directed to verify each and every application submitted for issuance of ration card as expeditiously as possible and, after due verification, pass appropriate orders for grant of ration card to such families who are found eligible in accordance with law.
(ii) The respondent authorities are also directed to implement the provisions of the National Food Security Act, 2013 in its letter and spirit and to provide foodgrains to the poor households, who do not possess ration cards, in accordance with law.
(iii) The respondent authorities shall publish an advertisement in local newspapers informing the general public as to who shall be the beneficiaries under the provisions of the National Food Security Act, 2013.
(iv) The respondent authorities shall also notify the same outside every Fair Price Shop, Office of the District Supply Offices and at prominent places for the attention of the public at large.
(v) The respondent authorities shall take decision on the pending applications for grant of ration card as expeditiously as possible, preferably by 31.03.2023.