On Wednesday, the Tripura HC reiterated that courts have no jurisdiction when it comes to interfering in policy decisions of the government.
Justice Arindam Lodh stated that “The decision of the government was not to allow any person to run a Fair Price Shop other than the original licensee, is a policy decision and the court has no jurisdiction to invade/replace the decision of the government.” while adjudicating a petition filed by a Sachindra Chandra Das, a dealer of fair price shop.
The petitioner had executed a deed of Power of Attorney in favour of another person to run the Fair Price Shop on his behalf. The government on the other hand stated that the appointment of a proxy dealer violated the memorandum dated 18.03.2011 issued by the Director of Food, Civil Supplies and Consumer Affairs, Government of Tripura. The government thus asked him to show cause why the state authorities should not take legal action against him and have his license cancelled after the forfeiture of the security money. Aggrieved by the notice the petitioner moved the HC that the appointment of another individual was done to provide more efficient service as he was 86 years old and was suffering from Parkinson disease. The HC after considering all arguments opined that it could not grant any relief to the petitioner as the HC has no jurisdiction to delve into policy matters.
“On bare reading of this memorandum, it is clearly surfaced that the Government of Tripura has taken conscious decision not to allow any person other than the original licensee, i.e. in favour of whom the license was/has been issued by the Licensing Authority….”