Dil Bhanu v. The State of Assam and 3 Ors

ORDER

04.04.2023

¶1Heard Mr. R. Das, learned counsel for the petitioner, who submits that the petitioner is an Antodhaya Anna Yojana (AAY) Card Holder, which was issued in the year 2014 under No.44 Paschim Paka Gaon Panchayat of Deshbhakta Samabay Samitee Limited. The AAY Card bears No.0579386, registered Sl. No.129 Ward No.5, House No.120 of Barpeta Disrict.

¶2The petitioner's counsel submits that the petitioner being an AAY Card Holder, she is entitled to receive 35 kgs of food grains every month, in terms of the proviso to Section 3 of the National Food Security Act, 2013. While the petitioner, a 53 year old widow was receiving 35 kgs of food grains per month till October, 2019, the same has been reduced to 10 kgs per month, without any reasons being provided to the petitioner. Though the petitioner had submitted a representation dated 19.11.2021 to the Secretary, Deshbhakta Samabay Samitee Limited and representation dated 20.05.2022 to the Inspector, Food, Civil Supplies & Consumer Affairs Department, Barpeta, to allow her to draw 35 kgs of food grains per month and compensate her for the short supply of food grains for the last 2 (two) years, no action has been taken by the respondent nos.2 & 3 till date.

¶3The petitioner's counsel thus submits that a direction should be issued to the respondent nos.2 & 3 to take a decision on the petitioner's representations within a specified time period.

¶4Mr. M. Chetia, learned counsel for the respondent nos.1 & 2 submits that Page No.# 3/3 he has got no objection to the prayer made by the petitioner's counsel.

¶5In view of the fact that the petitioner's grievance is with regard to the short supply of food grains being given to her since November, 2019, and due to the fact that her representations have not been considered by the respondent nos.2 & 3, this Court is of the view that the respondent nos.2 & 3 should take a decision on the petitioner's representations by way of a Speaking Order and ensure that the petitioner is given food grains as per her due entitlement. Accordingly, the respondent no.2 is directed to take a decision on the petitioner's representation dated 20.05.2022 (Annexure-c) within a period of 1

(one) month from the date of receipt of a copy of this order accompanied by a copy of the writ petition. Similarly, the respondent no.3 is directed to take a decision on the petitioner's representation dated 19.11.2021 (Annexure-B) by way of a Speaking Order within a period of one month from today. The respondent nos.2 & 3 shall thereafter communicate the decisions taken by them to the petitioner.

¶6The writ petition is accordingly disposed off.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010060412023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1918/2023 DIL BHANU D/O- LT. DHANA DEWAN @ INTAZ ALI, RESIDENT OF VILLAGE- KAYAKUCHI PATHAR, P.O.- NALIGAON, P.S. AND DIST.- BARPETA, ASSAM, PIN- 781352. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE INSPECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS BARPETA. 3:THE SECRETARY DESHBHAKTA SAMABAY SAMITTEE LIMITED BHAKTARDHOBA P.O.- NALIGAON DIST.- BARPETA ASSAM PIN- 781352. 4:ADAM ALI (FAIR PRICE SHOP LICENSE HOLDER) S/O. LATE MUKSHED ALI RESIDENT OF VILLAGE- KAYAKUCHI PATHAR P.O.- NALIGAON DIST.- BARPETA ASSAM PIN- 781352 Advocate for the Petitioner : MR. D F A AHMED Advocate for the Respondent : GA, ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA