The Court disposed of an ancillary application seeking condonation of delay of 76 days in filing a counter-affidavit by respondent No. 3, allowing the application as there were reasonable grounds for the delay.
Condonation of delay of 76 days in filing the counter-affidavit by respondent No. 3.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:4th December, 2019
UCHIT DAR DUKANDAR AVAM UPBHOKTA ASSOCIATION ..... Petitioner Through: Mr. Ankit Gupta & Ms. Surmita, Advs.
versus
GOVT. OF NCT OF DELHI AND ORS. ..... Respondents Through: Mr. Gautam Narayan, ASC with Mr.Ishan Agrawal, Adv. for GNCTD
CORAM:
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT
: D.N. PATEL, Chief Justice (Oral)
CM No. APPL.52108/2019
This application has been preferred on behalf of respondent No.3 for condonation of delay of 76 days in filing counter affidavit.
Having heard the counsel for respondent No.3 and looking into the reasons stated in the application, there are reasonable grounds for condonation of delay. We hereby condone the delay of 76 days in filing counter affidavit on behalf of respondent No.3.
The application is allowed and disposed of.
W.P.(C) 8343/2019 Page 1 of 14
W.P.(C) 8343/2019
“i) Issue writ of mandamus or orders or directions or any other writ directing the respondent No.l and 2 to enquire the conduct of the Respondent No.3 in granting temporary licence to Fair Price Shops in the North East Area under circle No. 63 to 70 under Public Distribution Scheme(PDS).
ii) Issue writ of Mandamus or orders or directions or any other writ directing the respondent No.l and 2, to stop grant the temporary license to the Fair Price Shop in the North East area till the enquiry on the Respondent No.3 will not be completed.
iii) cost of the writ be awarded in favour of the Petitioner against the Respondents.
iv) pass such order(s) which are deemed fit and proper in the circumstances of the case.”
(a) Circular dated 18th March, 2015 (at page 55 of the paper book) reads as under:
W.P.(C) 8343/2019 Page 2 of 14
“GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI
DEPARTMENT OF FOOD SUPPLIES & CONSUMER AFFAIRS
K-BLOCK, VIKAS BHAWAN, I.P. ESTATE, NEW DELHI110002
(POLICY BRANCH)
________________________________________________ No.F.5(7)/Misc./P. File/534-536 dated 18.03.2015_
CIRCULAR
Guidelines for issue-of temporary license for Fair Price Shops
Government of NCT of Delhi has recently approved a policy for grant of temporary license for the Fair Price Shops. The temporary license .shall be granted for the following guidelines.
W.P.(C) 8343/2019 Page 3 of 14
the number of ration cards prepared to be attached to ' the proposed temporary FPS.
W.P.(C) 8343/2019 Page 4 of 14
and
(b) Order dated 27th July, 2015 (at page 62 of the paper book) reads as under:-
“GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI
DEPARTMENT OF FOOD SUPPLIES & CONSUMER AFFAIRS
K-BLOCK, VIKAS BHAWAN, I.P. ESTATE, NEW DELHI110002
(POLICY BRANCH)
________________________________________________ No.F.5(7)/Misc./P. File/1071-1075 dated 27.07.2015_
ORDER
Subject: Policy for issue of licence of Fair Price Shops (FPS) in Delhi
In supersession of orders issued under Essential Commodity Act, 1955, Delhi Specified Articles (Regulation of Distribution) Order, 1981 & Public Distribution System (Control) Order, 2001, except as respects things done or omitted to be done before such supersession and save otherwise provided hereunder, order is made for smooth functioning of Fair Price
W.P.(C) 8343/2019 Page 5 of 14
Shop as under:-
(2) Eligibility criteria : A. General criteria:
W.P.(C) 8343/2019 Page 6 of 14
In any case upper age limit enhancement shall not be allowed.
C. Educational Qualifications:
(3) Specification of Fair Price Shop: Proposed premises to be used as FPS:
W.P.(C) 8343/2019 Page 7 of 14
(4) Residence of the applicant: The applicant, except a Company, local body or a Government entity must be the resident of the district in which the FPS is to be located. In case of group societies, at least 50% of the members of the group societies must be resident of the concerned.
W.P.(C) 8343/2019 Page 8 of 14
Kerosene Oil Depot.
Person holding license of kerosene oil depot in the past
The application must be submitted in the prescribed proforma duly filled in along with the following document:
W.P.(C) 8343/2019 Page 9 of 14
Note: All the documents must be self attested by the applicant.
(8) Availability of the Application Form: The application form will be available in the Circle office. The application form will be made available on the website of the Department as well as in the Offices of the Assistant Commissioner of respective district of the Department of Food Supplies and Consumer Affairs.
(9) Application fee: The application must be deposited along with following non-refundable fee:-
(i) Regular License: Rs. 100/-
(ii) Mobile FPS License: Rs. 100/(iii) Temporary License: No fee
(10) Place of submission of applications:
Till the facility for online submission of application is developed, the applications along with the supporting documents should be submitted in the Office of the Assistant Commissioner of the Department of Food Supplies and Consumer Affairs of the District in which the proposed FPS is located. In case of mobile FPS, application should be submitted to the Assistant Commissioner of the district where godown of FPS is located.
(11) Processing of the applications received
(ii) Inspection of the proposed premises of the
W.P.(C) 8343/2019 Page 10 of 14
applicants found eligible shall be conducted by the Food and Supply Officer of the Circle concerned who will submit the report to the Assistant Commissioner clearly mentioning whether the proposed premises meet the criteria lay down in the guidelines or not.
Abolishing the Screening Committee to save time, the Selection Committee will design its own marking scheme to select the best candidates as per the aforesaid guidelines and recommend the allotment of FPS license.
(12) Security Deposit:
A) The successful applicant shall deposit an amount of Rs. 10,000/- as Security with the department before issue of license.
B) Fee for issuance of license - Rs.1000/C) Fee for renewal of license - Rs.500/D) Fee for issue of duplicate license – Rs. 250/”
W.P.(C) 8343/2019 Page 11 of 14
circumstances as stated therein, the respondents can always grant temporary license for Fair Price Shop for a particular area.
“2.8 On 28.06.2019, a meeting was held at Delhi Secretariat between Hon’ble Minister of Development, Urban & Employment/Area MLA Mr. Gopal Rai along with the Commissioner Food Supplies (CFS), Special Commissioner Food Supplies (Spl. CFS), Assistant Commissioner (North East) and Food Supplies Officer (FSO) of Circle-67 (Babarpur). The issue regarding opening of locality-wise temporary Fair Price Shops in Assembly Constituency No.67 (Babarpur) was discussed in the aforesaid meeting. A consensus was arrived at the meeting regarding opening such temporary Fair Price Shops at Circle No.67.
W.P.(C) 8343/2019 Page 12 of 14
2.9. It is only in the consequence of the discussion and approval granted in the meeting dated 28.06.2019, the process for opening of temporary Fair Price Shop in Janta Majdoor Colony, Delhi (Circle No. 67, Babarpur) was initiated. Thereafter, the Respondent No. 3 duly recorded the urgent requirement to issue a temporary Fair Price Shop license in Janta Majdoor Colony in the Department file. Subsequently, on 01.07.2019, a Public Notice was issued inviting applications for opening of temporary Fair Price Shop and the same was displayed on the Notice Board of the Asstt. Commissioner (NE) office, Nand Nagri, Delhi.”
“2.16. It is submitted that in Janta Majdoor Colony mostly residents/cardholders are of the labour/lower strata of society and only one Fair Price Shop was functional namely. Shop No. 9349 i.e. M/s Radhika Store having more than 1200 ration cards.”
(Annexure P-5 to the memo of this writ petition).
CHIEF JUSTICE
C.HARI SHANKAR, J
DECEMBER 04, 2019
ns
14 of 14
W.P.(C) 8343/2019
2 issues framed by the court
Whether the grant of temporary licenses for Fair Price Shops in the North East area of Delhi was lawful.
Whether the respondents committed illegality in granting the temporary licenses based on the government policy.
Colour shows how this judgement treated each authority
W.P. No.5503/2018Referred¶165
3 provisions across 3 enactments
Uchit Dar Dukandar Avam Upbhokta Association
Govt. of NCT of Delhi
C. Hari Shankar
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
