NARAYAN SHUKLA, J. - (1.) SINCE all the above noted writ petitions are based on common facts, therefore, they are being decided by following common orders. Heard , learned counsels for the petitioners as well as learned Standing Counsel. It is common knowledge that the State Government has made a system of appointment of dealers of fair price shops to provide rations at cheap rates to the common people particularly, who are below poverty line.
(2.) SINCE the performance of the various authorities have not been satisfactory, the Courts time to time, on being noticed so, have shown their anguish over this problem in many a realm. Regard being had to the significance of the issue, the magnitude of the problem in praesenti I intend to focus the various measures adopted by the State Government to ensure the proper and effective implementations of Public Distribution System as to achieve its object and purpose. For the control of the production , supply and distribution of, trade and commerce, in certain commodities the Central Government has enacted, the Essential Commodities Act,1955 ( In short Act). The Central Government as well as the State Government both derive powers under Entry 33 of List 3 Concurrent List of the seventh schedule framed under Article 246 of the Constitution of India to make laws on the subject of trade and commerce in, and the production, supply and distribution of,- (a) the products of any industry where the control of such industry by the Union is declared by Parliament by law to be expedient in the public interest, and imported goods by the same kind as such products; (b) foodstuffs, including oil cakes and other concentrates; (C) cattle fodder, inducing oil cakes and other concentrates; (d)raw cotton, whether ginned or unginned, and cotton seed; and (e) raw jute. In the interest of public at large the State Government has made certain amendments in the Act and it has issued several Government Orders as well as the control orders to control the production, supply and distribution of the essential commodities for which the public distribution system has also been introduced. In order to do more workable of the public distribution system the State Government has issued circular dated 3rd July, 1990 providing the various provisions to establish the fair price shop at the level of every Gram Sabha having at least 4000 units with the consultation of the Gram Sabha having obtained in its open meeting. It provides the categories of agents of fair price shops. It also proposes certain measures in default of proper distribution to be taken against the shop keepers as well as the officer concerned deputed by the District Magistrate to supervise the distribution work, further for suspension/ cancellation of shop and fresh allotment. The next Government Order dated 17 th August, 2002 introduced the application of reservation system in allotment/ selection of fair price shop to different categories viz., the Scheduled Castes, Scheduled Tribes and Other Backward Castes. It provides that after determination of the categories of shops particularly in the rural area the shops shall be selected in open meeting of Gram Sabha and a panel of three names shall be prepared and sent to the committee constituted under the Chairmanship of Sub Divisional Officer for appointment of agent.
(3.) ON 29 th July, 2004, the State Government issued another circular whereby it has determined the procedure of suspension/ cancellation and attachment of fair price shops established at the rural and urban areas. The State Government, in exercise of power provided under Section 3 of the Essential Commodities Act also notified the U.P. Scheduled Commodities Distribution Order, 2004 on 20 th December, 2004 for proper distribution and storage of the commodities.;