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TMI Blog2013 (2) TMI 131X X X X Extracts X X X X X X X X Extracts X X X X ..... to examine the issues raised by learned ASG at this stage as we do not think it proper to enter into the said controversy. The writ petition had been filed by the respondent no.1 without having any locus standi nor it could claim to be a person aggrieved of the order of the Government dated 13.1.2000, withdrawing the order dated 10.8.1999 conferring the power to allot and cancel the fair price shops in rural areas on the Gran Panchayats. The writ petition was filed in 2003 after a delay of 3 years and was thus liable to be dismissed on the ground of delay and laches. Respondent no.1 could not maintain the writ petition as it could not be aggrieved of the Government Order dated 13.1.2000. Even the direction issued by the High Court had not been challenged by the said respondent. More so, the judgment and order was stayed by this Court vide order dated 19.4.2004. The appeal is allowed with liberty to the State Government to pass appropriate orders taking into consideration the provisions of Articles 243-G and 243-N of the Constitution and the amendment to Section 15 of the Act 1947 and Section 32 of the Act 1961 and Schedule I to the same if it so desires. - CIVIL APPEAL N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he work of distribution of such food grains was assigned to Kshetriya Panchayats, w.e.f. 22.4.1994. E. The Government of U.P. issued an order dated 10.8.1999, conferring the power to allot and cancel the fair price shops in rural areas, with certain guidelines, on the Gram Panchayats. As there had been no proper distribution, and considering the complaints, 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. F. 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 commodities under the PDS, and therein delegating all its powers in this regard to the State Governments. G. 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., District Magistrate, Sub-Divisional Magistrate, District Supply Officer to ensure the proper supply and distribution of such commodities. H. In view of the provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petition. The High Court reached its decision on the legal issues, without considering the locus standi of Zila Parishad, respondent No.1. The High Court came to the conclusion that the power of dealing with PDS could be conferred only on Kshetriya Panchayat. Neither Zila Panchayat nor the Gaon Sabha nor the District Collector could be assigned the said job. However, Respondent No.1, Zila Panchayat has not preferred any appeal against the impugned judgment and order. None of the Gram Panchayats which were aggrieved by the order of withdrawal dated 13.1.2000 had ever approached any court for any relief whatsoever. 4. Be that as it may, the appeal is pending since 2003, and this Court has stayed the operation of the impugned judgment and order. Subsequently, a large number of developments have taken place, and this Court had issued notice to the Union of India. Ms. Indra Jaisingh, learned ASG, appearing for the Union of India, submitted that Article 243-G is merely an enabling provision and not a source of power. The Union of India has delegated its power to the Government of U.P. to designate authority to implement PDS. Therefore, it is open to the Government of U.P. to ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iya Panchayats and enumerates the same in Schedule I thereof. Section 33 further lays down the powers and functions of Zila Panchayats and enumerates the same in Schedule II thereof. The Central Government by issuing Notification dated 9.6.1978 delegated its power under the EC Act to the State Governments. In view thereof, the State of U.P. issued the Order dated 3.7.1990, and clause 3 thereof provided for setting up fair price shops. The 73rd Amendment to the Constitution came into effect on 24.4.1993 and, as a consequence of such amendment, the Eleventh Schedule was added to the Constitution; Item No. 28 of the said Schedule refers to PDS. To give effect to the 73rd Amendment, the U.P. Act 1947 and the Act 1961 were amended on 22.4.1994 by the State Government, creating certain enabling provisions for those Kshetriya and Gram Panchayats. The Government of U.P. vide its order dated 10.8.1999 empowered the Gram Panchayats with regard to PDS with certain guidelines for allotment of fair price shops, administration, supervision and monitoring thereof. However, the said order had been withdrawn by the State Government vide its order dated 13.1.2000. 8. The Central Government, in e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l) (Amendment) Order, 2004 to amend the Order 2001. As a consequence thereof, the State of U.P. passed the U.P. Scheduled Commodities Distribution Order 2004. Clause 4 thereof reads : Running of fair price shops- (i) A fair price shop shall be run through such person and in such manner as the Collector subject to the directions of the State Government may decide; (ii) A person appointed to run a fair price shop under sub- clause (i) shall act as the agent of the State Government; and iii) A person appointed to run a fair price shop under sub- clause (i) shall sign an agreement, as directed by the State Government regarding running of the fair price shops as per the draft appended to this order before the competent authority prior to coming into effect of the said appointment. Clause 21 thereof provides for monitoring in accordance with the order issued by the State Government. 12. The powers of entry search and seizure have also been conferred upon the competent authority. Clause 28 thereof provided for the provisions of appeal before the Divisional Commissioner, and Clause 30 provided for the savings which reads as under: Any act performed under the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... matters listed in the Eleventh Schedule. The enabling provisions are further subject to the conditions as may be specified. Therefore, it is for the State Legislature to consider conditions and to make laws accordingly. It is also open to the State to eliminate or modify the same. 15. Therefore, it is apparent that Article 243-G read with Eleventh Schedule is not a source of legislative power, and it is only an enabling provision that empowers a State to endow functions and devolve powers and responsibilities to local bodies by enacting relevant laws. The local bodies can only implement the schemes entrusted to them by the State. 16. Be that as it may, there is no challenge by the respondent No.1 to the aforesaid view taken by the High Court, therefore, there is no occasion for us to consider the issue any further. At this juncture, Ms. Indra Jaisingh, learned ASG has submitted that the High Court has recorded the finding that the impugned G.Os. (Government Orders) dated 3.7.1990 and 13.1.2000 are ultra vires to clause 28 of Schedule 1 of the Act, 1961, since the said orders conferred the powers to deal with the essential commodities upon the District Magistrate and Su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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