IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12649 of 2008 JANVITRAN PRANALI RATION CARD DHARI SANGH, BIHAR, through the Joint Secretary, Dasrath Paswan son of late Bhagwan Das, resident of Mohalla Bhikhachak, Police Station Gardani Bagh, District Patna…. Petitioner Versus 1. THE STATE OF BIHAR through the Secretary, Food and Consumer Protection Department, Old Secretariat, Patna, 2. The State of Bihar through the Secretary, Rural Development Department, Old Secretariat, Patna, 3. The Union of India through the Secretary, Department of Consumer Affairs and Public Distribution System, Krishi Bhawan, New Delhi, …. Respondents ----------- 11 09.04.2009 Heard learned counsel for the parties. This writ petition was filed in public interest regarding distribution of supply of foodgrains to the BPL families. The contention of the Government is that the total BPL families i.e. 1.23 crores require an allocation of 4.23 M.T. of foodgrains per month at the rate of 35 k.g. per family. But the State Government has decided to reduce the scale of issue from 35 k.g. to 25 k.g. to cater to the needs of the BPL families of the State. It is stated that even the allocation given by the Central Government is not sufficient and the Government has decided to purchase the foodgrains from other sources. It is stated that a 2 Committee was also constituted in this regard and after meeting certain decisions were taken. It is signed by the Chief Secretary of the Government of Bihar and Union Food Secretary, minutes of which are contained in Annexure K to the supplementary counter affidavit filed on behalf of the State. It is relevant to quote the statement made at paragraph 4 of the supplementary counter affidavit, which is as follows:- “4. That, in view of the recommendations made by the Committee, the following course of action is under the active consideration of the Govt. of Bihar. i) Since AAY families are selected on the basis of poorest among the poor they may be distributed 35 kg. foodgrains per month at the subsidized issue prices of Rs.2/- per kg. wheat and Rs. 3/- per kg. rice, as per the norms of the Govt. of India. ii) The off take of foodgrains allocated for the BPL category has been increased in recent months. The State government will take suitable measures to ensure full lifting of the allocations for BPL families and to ensure their distribution to BPL families as per norms fixed by the State Govt. iii) Efforts will be made by the State Government to ensure the lifting of all allocated foodgrains for the APL category, so that they can be 3 distributed to the extra BPL families/APL families at the scale of distribution decided by the State Government. iv) The Govt. of Bihar will work out additional requirement of foodgrains for the APL category and submit a request to the Govt. of India for additional allocations of foodgrains.” In view of the decision of the comittee, which is contained in Annexure K, and the averments made in the supplementary counter affidavit, we are of the view that no formal order is necessary. In the facts and circumstances of the case, we record the above undertaking given in the supplementary counter affidavit filed on behalf of the State and dispose of this application accordingly. (J.B. Koshy, CJ) SC ( Dr. Ravi Ranjan, J.)