Court No. - 27 Case :- MISC. BENCH No. - 10503 of 2009 Petitioner :- Vishwanath Chaturvedi S/O M.P. Chaturvedi Respondent :- Union Of India Thru Secy. Rural Dev. & Ors. Petitioner Counsel :- K.K. Singh,Arvind Pratap Singh Respondent Counsel :- C.S.C.,A.S.G.,Bireshwar Nath,I.H.Farooqui Hon'ble Devi Prasad Singh,J.
Hon’ble S.C. Chaurasia,J.
Heard Sri K.K.Singh, learned counsel for the petitioner, Sri Bireshwar Nath,
learned Counsel for the C.B.I. and learned Standing Counsel.
Supplementary Affidavit filed by the petitioner is taken on record.
In the present writ petition, affidavits have been filed by two Principal
Secretaries i.e. the Principal Secretary (Home) and Principal Secretary, Food
& Civil Supply. A status report has also been filed by C.B.I.. However, it
appears that no Counter Affidavit has been filed by the State as well as by the
Union of India.
We have also perused the enquiry report submitted by State on earlier date,
which shows that misappropriation of funds and sale of food-grains in open
markets is at a large scale.
Keeping in view the material on record and after hearing the learned counsel
for the parties, we admit the writ petition.
Let the Counter Affidavits be filed within two weeks by the Union of India as
well as State of U.P. through the Principal Secretary, Food & Civil Supplies
as well as the Principal Secretary(Home), containing the parawise reply to the
writ petition. Rejoinder Affidavit, if any, may be filed within three days
thereafter.
While filing the counter affidavit, so far as the Principal Secretary(Home) is
concerned, he shall also furnish the particulars with regard to pending
matters/F.I.R. lodged, containing the items i.e. the number of F.I.R. indicating
the crime number, police station and district, the investigating authority seized
with the matter, status of the investigation and in case the charge-sheet has
been filed in the criminal case, then particulars of the court where the charge-
sheet has been filed as well as the status of the case pending before the court
concerned.
A perusal of the order dated 13-11-2007 passed by this court in writ petition
No. 122(M/B) of 2005 shows that the report dated 08-11-2007 prepared by
the S.I.T. was produced before the court. By the earlier order, we have
directed to submit the copies of all the reports, but, it appears that the report
prepared by the S.I.T. was not submitted on earlier date. Accordingly, we
direct the State Government to submit the report of S.I.T. dated 08-11-2007
the report marked as PE/-3/2007 and the copies of all other reports which
were prepared by S.I.T. or any other State Agency with regard to food scam
by the next date of listing.
State may submit all such reports in sealed cover to this court on the next date
of hearing.
List on 17-02-2010 for further hearing. In case, the Bench is not available, it
shall be constituted at 2.00 p.m.
Order Date :- 27.1.2010
psd
Let a certified copy of the order be given to learned counsel for the parties
within three days.
Order Date :- 27.1.2010
psd