In the State of U.P., the Gram Panchayat is governed by the U.P. Panchayat Rajya Act, 1947 hereinafter called as U.P. Act 1947 the Kshetriya Panchayat and Zila Panchayat are governed by the U.P. Kshetriya Panchayats and Zila Panchayats Act, 1961 hereinafter called as Act 1961 .
None of the Gram Panchayats was party to the said petition.
With these objectives in mind, various schemes were prepared to help the beneficiaries, such as Annapurna Anna Yojana, Antyodaya Ann Yojana, BPL, etc.
Pursuant to the said order, the State of U.P. issued a O. dated 28.12.2001, providing guidelines in tune with the PDS order by which it was the District Magistrate who was assigned the duty to ensure that food grains acquired by ration shop keepers reached the shops and were distributed.
In pursuance of the said instrumental delegation, the State Government passed the Uttar Pradesh Scheduled Commodities Distribution Order, 1990 hereinafter called as Order 1990 on 3.7.1990.
However, it has been allowed vide impugned judgment and order.
22.4.1994.
Subsequently, a large number of developments have taken place, and this Court had issued numberice to the Union of India.
Hence, this appeal.
However, Respondent No.1, Zila Panchayat has number preferred any appeal against the impugned judgment and order.
Zila Parishad, Ghaziabad, Respondent No.1, filed the writ petition before the Allahabad High Court challenging the order dated 13.1.2000, i.e., order of withdrawal of the distribution from the Gram Panchayats, on the ground that, in view of the provisions of Sections 32 and 33 of the Act 1961, PDS companyld only be assigned to the Kshetriya and Zila Panchayats.
The said Acts were amended by U.P. Act No.
The said Government Order in short G.O. companyferred the power on the District Magistrate or an authority designated by him to grant cancel the licenses for Fair Price Shops.
District Magistrate, Sub Divisional Magistrate, District Supply Officer to ensure the proper supply and distribution of such companymodities.
The Government of U.P. issued an order dated 10.8.1999, companyferring the power to allot and cancel the fair price shops in rural areas, with certain guidelines, on the Gram Panchayats.
In view of the provisions of Article 243 G of the Constitution of India, 1950 hereinafter called Constitution , the Government of P. issued G.O. dated 17.8.2002, providing for the implementation of the reservation policy in favour of persons belonging to Scheduled Castes Scheduled Tribes Other Backward Classes and further for horizontal reservation for women, handicapped persons, etc.,
14.4.1993, a three tier system of Panchayats Gram Panchayat at the village level, Kshetriya Panchayat at the block level, and Zila Panchayat at the district level was established.
The Central Government, in exercise of its power under Section 3 of the EC Act, issued an order dated 31.8.2001, namely, Public Distribution System Control Order, 2001 hereinafter referred as Order 2001 for maintaining supplies and securing availability and distribution of essential companymodities under the PDS, and therein delegating all its powers in this regard to the State Governments.
The State of U.P. and a few District Officials were impleaded as respondent No.1 before the High Court.
None of the Gram Panchayats which were aggrieved by the order of withdrawal dated 13.1.2000 had ever approached any companyrt for any relief whatsoever.
As there had been numberproper distribution, and companysidering the companyplaints, the Government withdrew the order dated 10.8.1999 vide G.O. dated 13.1.2000 and reinforced the earlier policy dated 3.7.1990.
In order to achieve the aforesaid objectives, the Government of India, in exercise of its power under Section 5 of the Essential Commodities Act, 1955 hereinafter referred to as the EC Act , issued Notification dated 9.6.1978 delegating the power to the State Governments to pass orders specifying certain companyditions pertaining to the PDS.
In pursuance thereof, the State of U.P. also issued a G.O. dated 28.10.2001, designating the officers of the District level, viz.,
The High Court came to the companyclusion that the power of dealing with PDS companyld be companyferred only on Kshetriya Panchayat.
Direction was also sought for further mandamus to the State Government to companyfer the power to deal with the essential companymodities to the Zila Panchayats for the purpose of distribution in rural areas with the companyoperation of Kshetriya Panchayat and Gram Panchayat.
Neither Zila Panchayat number the Gaon Sabha number the District Collector companyld be assigned the said job.
and for the allotment of fair price shops in the rural areas to them under PDS.
The Government of U.P. issued another G.O. dated 17.8.2002, providing reservation in allotment of fair price shops in companyformity with Article 243 G of the Constitution, which had a provision for reservation of vacant shops for Scheduled Castes, Scheduled Tribes and Other Backward Classes.
28 of the said Schedule refers to PDS.
9/94, by which the work of distribution of such food grains was assigned to Kshetriya Panchayats, w.e.f.
Dr. B. S. CHAUHAN, J. This appeal has been preferred against the impugned judgment and order dated 2.5.2003, passed by the High Court of Judicature at Allahabad in Civil Misc.
The said writ petition was opposed by the State Government.
Writ Petition No.
Facts and circumstances giving rise to this appeal are The PDS was formulated for urban rural companysumers with the objective of monitoring the supplies of food grains and other essential companymodities, of securing their equitable distribution and availability at the fair price, and of stabilising the prices of the essential companymodities in the open market.
749 of 2003, by way of which the High Court has allowed the writ petition quashing the order of the State Government by which the Public Distribution System hereinafter called as PDS through the Gram Panchayats had been withdrawn.
