- (1.)SUNIL Ambwani, J. Heard learned Counsel for the petitioner and learned Standing Counsel for the State respondents.
(2.)THE petitioner is a 'b. P. L. ' card holder of village Sirsiyan Khurd, Block Nibua Naurangia, District Kushi Nagar. He is aggrieved by an order dated 1. 10. 2007, passed by the Commissioner (Food & Supplies), Gorakhpur Division, Gorakhpur, allowing the Appeal No. 23/k-2000 under the U. P. Scheduled Commodities (Distribution) Order, 2004, against the order of suspension of the authorisation of Mohd. Safi, the agent for distribution of scheduled commodities at Centre-Sirsa on the ground that his explanation was not properly considered.
The U. P. Scheduled Commodities (Distribution) Order, 2004 provides for maintaining supplies of food grains in the public distribution system and other essential commodities and for securing their equitable distribution and availability at fair price shop. The holder, under clause-2 (n) in relation to ration, means the person whose name or designation appears, as such, on that ration card. The ration card under clause-2 (p) means a card issued under clause-5 of the order The food officer under clause-5 is to undertake identification of families living 'below Poverty Line' (BPL) including 'antyodaya' families as per the estimate adopted by the State Government with a care to be taken to ensure that the families are really the poor.

The agent, under clause-2 (c), means a person or a cooperative society or a corporation of the State Government authorised to run a fair price shop under the provisions of the order. A ration card is to be issued under clause-6 by the food officer to APL, BPL and Antyodaya families in accordance with the orders issued by the State Government from time to time in this regard. The ration card can be amended under clause-7 and that the State Government may prescribe the quan tities of the scheduled commodities which a unit shall represent generally or for any particular class of persons. The entire quota of month may be lifted by the ration card holder on monthly basis. In case of false representation and dishonest application the ration card may be declared invalid under clause 10 and 11 with a duty to the person to deliver up the invalid ration card.

(3.)CJAUSE 28 provides for appeals. All the appeals under sub-clause (i) shall lie before the concerned Divisional Commissioner, who may delegate the powers to Assistant Commissioner of Food. Under clause-2 any person aggrieved by an order of the food officer or the designated authority refusing to issue or renewal of a ration card or cancellation of ration card, may appeal before the appellate au thority within 30 days. An agent, aggrieved by an order of the competent authority suspending or cancelling agreement of the fair price shop under sub-clause (iii), may appeal to the appellate authority within 30 days from the date of receipt of the order.
The food officer, defined under clause-2 (m), is responsible for identification of the families, living below poverty line; issuance of ration card and monitoring of the public distribution scheme under the orders issued by the State Government. An agent is required to observe conditions, which the State Government or Col lector may, by an order in writing, direct him from time to time in respect of opening of the shops, maintenance of stocks, supply and distribution of the sched uled commodities, maintenance of accounts etc. Under clause 25 the agency is non-transferable.