Excelsior Correspondent
JAMMU, July 29: High Court today dismissed bunch of petitions challenging opening of new fair price shops.
The petitioners in all these writ petitions claim to have been appointed as fair price dealers by the Consumer Affairs and Public Distribution Department on different dates for different areas of different districts.
Their case was that they have been serving the public of the areas for which they have been appointed for the last several years with an unblemished record and now when the petitioners have either become over aged or likely to become as such, their livelihood has been put at stake by the respondents, who are contemplating to either replace the petitioners or to appoint new dealers for the areas which are presently fed by them.
“The appointment of new dealers in the areas of the petitioners is illegal, arbitrary and has the effect of depriving the petitioners of their fundamental right to livelihood”, the petitions said, adding “respondent are going ahead for appointment of new dealers to the detriment of the petitioners without even putting the petitioners to show cause notice or holding any enquiry into the matter”.
After hearing both the sides, Justice Sanjeev Kumar observed, “the fair price shop dealers have a fundamental right to have a particular number of ration tickets. The new guidelines do take adequate care of the viability of the existing dealers and make sufficient provisions for their sustenance”.
Accordingly, High Court dismissed the petitions with the direction to the respondents that while opening fresh/new fair price shops, Government Order No.127-FCS&CA of 2016 dated 04.08.2016 shall be strictly adhered to and the ration tickets of the existing ration dealers shall not be reduced below 250.