RUKSHAR MAHILA SELF HELP GROUP REPRESENTED BY ITS SECRETARY SMT RUKSHAR PARWEEN v. THE STATE OF JHARKHAND REPRESENTED THROUGH ITS CHIEF SECRETARY
WPC/3256/2022 · 2025-04-08
Deepak Roshan
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 20344 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20344 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 5477 of 2022
….….. 1. Laxmi Sakhi Mandal Balhra, represented by its Secretary Asha Verma aged about 25 years, W/O-Kumar Sourbh having its registered office at Village-& P.O-Balhra, P.S- Rajdhnwar, District-Giridih (Jharkhand)
2. Maa Lakshmi Swayam Sahayta Samuh Parsan, represented by its Secretary Anu Kumari aged about 28 years, W/O- Pankaj Kumar Verma having its registered office at Village- Parsan, P.O-Khijrsota, P.S.-Rajdhnwar, District-Giridih
3. Maa Saraswati Swayam Sahayata Samuh, Sapamaran Represented by its Secretary Smt. Vinita Devi aged about 32 years, W/O- Premchand Prasad Kushwaha having its registered office at Village-& P.O-Sapamaran, P.S. Rajdhnwar, District-Giridih, (Jharkhand) ..… Petitioners
Versus
1. The State of Jharkhand represented through its chief secretary, Government of Jharkhand, P.O and P.S- Dhurwa District-Ranchi, Jharkhand. 2. The Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, Ρ.Ο and P.S-Dhurwa, District-Ranchi, Jharkhand. 3. The under Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, P.O. and P.S.-Dhurwa, District-Ranchi, Jharkhand. 4. The Deputy Commissioner, Giridih, P.O. and P.S. and District-Giridih (Jharkhand.)
5. The District Supply Officer, Giridih, P.O. and P.S. and District-Giridih (Jharkhand.)
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6. The Block Supply Officer, Rajdhnwar, P.O. and P.S. Rajdhanwar, District-Giridih (Jharkhand). ..... Respondents
with
W.P.(C) No. 3256 of 2022
….….. 1. Rukshar Mahila Self Help Group, represented by its Secretary-Smt. Rukshar Parween, aged about 24 years, wife of Irfan Ansari, having its registered office at village- Budhiyakhad, P.O.-S.P.Colliery, P.S.-Giridih (MU), District- Giridih (Jharkhand). 2. Sheela Devi, aged about 37 years, wife of Ishwar Das, resident of Village-Mathadih, Basriya, P.O.-Chaitadih, P.S. Giridih. 3. Archana Kumari, aged about 32 years, Wife of Arvind Anand, Resident of Village-Sitalpur, Ward No. 19, P.O. Sirsia, P.S. Giridih, Dist.- Giridih. 4. Guriya Khatoon, aged about 34 years, Wife of Shaukat Mirza, Resident of Village-Topaiya, Giridih. P.O. & P.S. Gandey, Dist.- Giridih. 5. Tara Devi, aged about 47 years, Wife of Sahdev Prasad Sharma, Resident of Village Charghra, P.O. Charghra, P.S.- Jamua, Dist. Giridih. 6. Anita Devi, aged about 35 years, Wife of Arjun Prasad Mandal, Resident of Village-Chachghara, P.O. Jaruadih, P.S.- Jamua, Dist. Giridih. 7. Sujata Kumari, aged about 22 years, Wife of Vikash Kumar Verma, Resident of Village- Jorasankh, P.O.- Dawarparhi P.S. Jamua, Dist. Giridih. 8. Gayatri Devi, aged about 29 years, Wife of Shailendra Kumar Mahto, Resident of KhairidihBirni, Village- Shital, P.O.-Khairdih, P.S. Birni, Dist. Giridih. 9.
Arjun Prasad Kushwaha, aged about 49 years, Son of Bholi Mahto, Resident of Village- Baragadaha Kala, P.O.-
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Leda, P.S.- Giridih, Dist.-Giridih. (Sindwariya Prathamik Krisi Sakh Sahyog Samiti Ltd.)
10. Najma Khatoon, aged about 22 years, Wife of Arif Ansari, Resident of Panchayat -Pandri, Village Nawadih, P.O. & P.S. Taratand, Dist. Giridih. 11. Meena Devi, aged about 26 years, Wife of Raj Kumar, Resident of Village- Balgo, P.O. Balgo, P.S. Jamua, Dist. Giridih. 12. Salaiha Bibi, aged about 65 years, Wife of Harun Miyan, Resident of Village-Gaganpur, P.O.- Parwatpur, Taratand, Dist. Giridih. P.S.-
13. Nargis Khatun, aged about 34 years, Wife of Murshid Shekh, Resident of Village Topaiya, P.O. & P.S. Gandey, Dist. Giridih. 14. Afroja Bibi, aged about 33 years, Wife of Gulam Nabi, Resident of Village-Dumardiha, P.O. & P.S. Gandey, Dist.- Giridih. 15. Chameli Devi, aged about 34 years, Wife of Jamun Kumar Verma, Resident of Village- Nawada, P.O.-Fulchi, P.S.-Taratand, Dist. Giridih. 16. Pyari Devi, aged about 24 years, Wife of Mukesh Mandal, Resident of Village-Nawaser, P.O.- Fulchi, P.S.- Taratand, Dist. Giridih. 17. Kiran Devi, aged about 31 years, Wife of Sikandar Mandal, Resident of Village-Pindriya, P.O. Fulchi, P.S. Taratand, Dist. Giridih. 18. Rabadi Devi, aged about 38 years, Wife of Naresh Prasad Verma, Resident of Village- Nawada, P.O.- P.S.- Taratand, Fulchi Dist. Giridih. 19. Sahnaz Bibi, aged about 44 years, Wife of Abdul Hanan, Resident of Village-arwatpur, P.O.-Parwatpur, P.S.- Ahliyapur, Dist. Giridih. 20. Hasina Bibi, aged about 33 years, Wife of Md. Najbul
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Ansari, Resident of Village- Fuljhariya, P.O.-P.S. Ahilyapur, Dist. Giridih. Parvatpur ..… Petitioners
Versus
1. The State of Jharkhand represented through its chief secretary, Government of Jharkhand, P.O. and P.S. Dhurwa, District- Ranchi, Jharkhand. 2. The Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, Jharkhand. P.O. and P.S. Dhurwa, Ranchi,
3. The Under Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, P.O. and Jharkhand. P.S. Dhurwa, Ranchi,
4.
The Deputy Commissioner, Giridih, P.O. and P.S. and District Giridih (Jharkhand). 5. District Supply Officer, Giridih, P.O. and P.S. and District- Giridih (Jharkhand). 6. Block Supply Officer, P.O. and P.S. and District Giridih (Jharkhand). 7. Block Supply Officer, Gandey, P.O. and P.S.- Gandey District Giridih (Jharkhand). ..... Respondents
with
W.P.(C) No. 5426 of 2022
….….. 1. Lakhiya Devi, wife of Dasrath Mandal, aged about 46 years, resident of Panchayat Choudharibandh block, village- Ullibar, P.O. Choudharibandh and P.S. Bagodar, District- Giridih (Jharkhand). 2. Sideshwar Prasad Mehta, Son of Late Mahavir Mehta, aged about 50 years, Resident Panchayat-Atka of Purvi, Block Bagodar, Antkadih, P.o. and P.s. Bagodar, District- Giridih (Jharkhand)
3. Kajal Devi, aged about 24 years, wife of Ranjeet Kumar Mandal, resident of gram-Pochri, Post Office- Aoura, P.s.
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Bagodar, District-Giridih (Jharkhand)
4. Sushila Devi, aged about 42 years, Wife of Kishor chand Mahto, Resident of Village- Beko, P.O.-Beko P.S.-Bagodar, Dist. Giridih.,
5. Budhani Devi, aged about 44 years, Wife of Kuvanr Prasad, Resident of Village-Atkadih, P.O. Atkadih, P.S.- Bagodar, Dist. Giridih. 6. Carmela Hembrom, aged about 37 years, Wife of LaljeetMarandi, Resident of Village Adwara, P.0.- Adwara, P.S.-Bagodar, Dist. Giridih. 7. Sumitra Devi, aged about 33 years, Wife of Baleshwar Prasad Yadav, Resident of Village- Beko, P.O.- Beko, P.S.- Bagodar, Dist. Giridih. 8. Mamta Mehta, aged about 28 years, Wife of Prawesh Kumar Mehta, Resident of Village- Lakshibagi, P.O.-. Atkadih P.S Bagodar, Dist. Giridih.,
9. Kiran Kumari, aged about 23 years, Daughter of Nunuchand Mahto, Resident of Kamar Tola, P.O. & P.S.- Nagi, Dist.- Hazaribag
10. Lalita Devi, aged about 35 years, Wife of Rajesh Prasad, Resident of Village- Atkadih, P.O. Atkadih, P.S.-Bagodar, Dist. Giridih. 11. Koleshwari devi aged about 29years, wife of Kuldip besara, Resident of panchayat-Parsiya block- suriya, village- lowabar, P.O. Parsiya, P.S.- Suriya, District-Giridih. 12. Sushma Devi, aged about 28 years, wife of Rakesh Tiwari, Resident of Panchayat-Atka, purbi block, village- atkadih, P.O. Atkadih, P.S. Bagodar, District- Giridih.
13. Sunita Devi, aged about 28 years, wife of Manohar Pasi, Resident of Panchayat and village- Lataki, Block-Jamua, P.O., P.S. Jamua and District-Giridih. 14. Nanki Devi, aged about 54 years, wife of Shyam Lal Saw, Resident of Deoradih, P.O Mandarani, P.S. Bagodar,
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District-Giridih. 15. Sangeeta Devi, aged about 34 years, wife of Sanjay Ram, Resident of Village Sabalpur, P.O Sabalpur, P.S. Suriya, District Giridih. 16. Gauri Masomat, Aged about 28 years, wife of Pramod Yadav, Resident of Village Balidih, P.O and P.S.- Suriya, District Giridih. 17. Chintamani Devi, Aged about 26 years, wife of Ashok kumar Yadav, Resident of Resident of Village Kashwari, P.O-Kashwari and P.S. Suriya, District-Giridih
18. Vimla Devi, Aged about 39 years, wife of Devendra Prasad Mandal, Resident of Village Pochri, P.O- Aura and P.S.-Bagodar, District- Giridih. ..… Petitioners
Versus
1. The State of Jharkhand represented through its Chief Secretary, Government of Jharkhand, P.O. and P.S. Dhurwa, District- Ranchi, Jharkhand. 2. The Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, Jharkhand. P.O. and P.S. Dhurwa, Ranchi,
3. The Under Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, P.O. and P.S. Dhurwa, Ranchi, Jharkhand. 4. The Deputy Commissioner, Public Distribution and Consumer Affairs, Government of Jharkhand, P.O. and P.S.and District Giridih (Jharkhand)
5. District Supply Officer, Government of Jharkhand, P.O. and P.S. and District- Giridih (Jharkhand). 6. Block Supply Officer, P.O. and P.S. and District Giridih (Jharkhand). ..... Respondents
with
W.P.(C) No. 5428 of 2022
….….. 2025:JHHC:1088 7
1. Amna Khatoon, aged about 40 years, wife of MumtajAlam, Resident of Village-Chunjakho, P.O.-Orkhar, P.S. Dhanwar, Dist.-Giridih. 2. Kamyan Barnwal, aged about 23 years, wife of Awdhesh Kumar Barnwal, Resident of Village Chiknadih, P.O. Chiknadih, P.S.-Deori, Dist. Giridih
3. Anju Devi, aged about 40 years, Wife of Tulsi Kumar Yadav, Resident of Village-Kakniya, P.O.-Khataori, P.S.- Deori, Dist.-Giridih. 4. Rabia Khatun, aged about 35 years, Wife of Chand Rashid, Resident of Village-Chaitadih, P.O. Chaitadih, P.S. Giridih (M), Dist. Giridih. 5.
Jenab Khatun, aged about 19 years, Wife of Abdul Halim, Resident of Village-Manikdiha, P.O. & P.S. Manikdiha, Dist.-Giridih. 6. Urmila Devi @ Urmila Yadav, aged about 38 years, Wife Resident of of Sanjay Kumar Yadav, Village-Negpura, Negpura, P.S. Deori, Dist. Giridih. P.O.-
7. Sangita Devi, aged about 36 years, Wife of SarjuVerma, Resident of Village- Telonari, P.O. Bandiyabad, P.S. Bengabad, Dist.-Giridih. 8. Anju Devi, aged about 37 years, Wife of bandhu Yadav, Resident of Village-Sani, Jambad, P.O.. & P.S.-Bengabad, Dist.- Giridih
9. Suman Devi, aged about 28. years, Wife of Dinesh Kumar Vishwakarma resident of Village-nawadih, P.O.and P.S.- Nawadih, Dist. Giridih. 10. Rukhsana Khatoon, aged about 34 years, Wife of Md. Rijwan, Resident of Village-Champapur, P.O.-Mandro, P.S.- Gandey, Dist. Giridih. 11. Sajama Khatun, aged about 23 years, Wife of Md. Mumtaj, Resident of Village-Pahardaha, P.O. Phulchi, P.S. Taratand, Dist. Giridih. 2025:JHHC:1088 8
12. Neha Praveen, aged about 23 years, Wife of Md. Minhaj, Resident of Village Pahardaha, P.O. Fulchi, P.S.-Taratand, Dist. Giridih. 13. Kusum Devi, aged about 27 years, Wife of Arjun Rau, Resident of Village Keradabar, P.O.-. Gandey P.S.-, Mandro, Dist.- Giridih
14. Fouzia Tarannum, aged about 29 years, Wife of Md. Rezauddin Ansari, Resident of Village- Champapur, P.O.- Mandro, P.S. Gandey, Dist. Giridih. 15. Umme Kulsum, aged about 23 years, Wife of Qutbullah, Resident of Village-Gaganpur, P.O.-Parwatpur, P.S.- Taratand, Dist. Giridih. 16. Subhadra Devi, aged about 56 years, Wife of Village- KartikHajam, Resident Turukdiha, of P.O.-Gadishrirampur, P.S. Giridih, Dist.-Giridih. 17.Dewanti Devi aged about, 59 years, wife of Jayram Koda, resident of village-Kodadih, P.O.-Barjo, P.S. Dhanwar, District-Giridih. 18. Rekha Devi, aged about 36 years, wife of lalman Kewat, resident of village-Bonasingha, P.O. and P.S. Pirtand, District-Giridih. 19. Nita Devi aged about 32 years, wife of Sakaldeo Akela, Resident wife of Panchayat Gundari village- Taranakho, P.O. Taranakho, P.S.-Dhanwar, District-Giridih. 20. Dewanti Devi, Wife of Hiraman Pandit, aged about 31 years, Resident Panchayat-Kharkhari, of Block-Birni, Village- Margoda, P.O- Jawarnagar, P.S. Birni, District- Giridih.
21. Shahnaz Khatoon, aged about-30 years, Wife of Md Manour Ansari, Resident of Village Jhalkadih, P.O- Korimahua, P.S. Dhanwar, District- Giridih
22. Urmila Devi, Wife of Brahamadev Kumar, aged about 35 years, Resident of Barmasiya, Village-Kharti, P.O- Dabri,
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P.S. Birni, District Giridih. 23. Prabhawati devi, Wife of Praveen Kumar singh, aged about 33 years, Resident of Kurhobindo, P.O- Kurhobindo, P.S. Jamua, District- Giridih
24. Sonam Kumari, Wife of Srikant Kumar turi, aged about 28 years, Resident of Kharkho, P.о-Charghara, District Giridih P.S. Jamua,
25. Pinki Devi, Wife of Amresh Yadav, aged about 28 years, Resident of Belkundi, P.O- Khargdiha, P.S. Jamua, District Giridih
26. Dil Mohammad, aged about 34 years, Son of Niyamat Ansari, Resident of village-Dongodih, P.O. Dhuraita, P.S. Hirodih, District-Giridih. ..… Petitioners
Versus
1. The State of Jharkhand represented through its Chief Secretary, Government of Jharkhand, P.O. and P.S. Dhurwa, District- Ranchi, Jharkhand. 2. The Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, Jharkhand. P.O. and P.S. Dhurwa, Ranchi,
3. The Under Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, P.O. and P.S. Dhurwa, Ranchi, Jharkhand. 4. The Deputy Commissioner, Public Distribution and Consumer Affairs, Government of Jharkhand, P.O. and P.S.and District Giridih (Jharkhand)
5. District Supply Officer, Government of Jharkhand, P.O. and P.S. and District- Giridih (Jharkhand). 6. Block Supply Officer, P.O. and P.S. and District Giridih (Jharkhand). ..... Respondents
with
W.P.(C) No. 5429 of 2022
….….. 2025:JHHC:1088 10
1. Raunaque Parween, daughter of Saiyyad Azhar Aalam, aged about 24 years, having resident of Village- Dadiyadih, P.O. and Giridih, District- Giridih (Jharkhand). P.s.- 2.Kanchan Kumari, aged about 25 years, Wife of Dukhan Mandal, Resident of VillageKhawa, P.O.-Ranikhawa, Dist. Giridih P.S.-Pachamba, 3.Tara Devi, aged about 51 years, Wife of Budhu Mandal, Resident of Village-Ullibar, P.O.-Choudhribandh, Bagodar, Dist. Giridih. P.S.-
4. Salma Khatoon, aged about 34 years, Wife of Md. Minhaj Ansari, Resident of Village Purnidih, P.O. & P.S. Saria, Dist. Giridih.
5.Chotki Tudu, aged about 35 years, Wife of Basudev Hembrom, Resident of Village BelkushiTola, Pipratand, Ρ.Ο.-Bairiya, P.S.-Deori, Dist. Giridih. 6. Pinki Kumari, aged about 31 years, Wife of Vinod Mandal, Resident of Village-Ranikhawa, P.O.-Ranikhawa, Jaridih Pachamba, Dist.- Giridih P.S.-
7. Kavita Kumari, aged about 24 years, Wife of Lakhan Mandal, Resident of Village Khawa, P.O. Ranikhawa, P.S.-Pachamba, Dist. Giridih. 8. Pratima Kumari, aged about 29 years, Wife of Basudev Kumar Verma, Resident of Village-Kumhargadya, P.O.- Chitardih, P.S. Jamua, Dist. Giridih. 9. Sarita Devi, aged about 31 years, Wife of Khirodhar Das, Resident of Village-Ganiyadih, P.O.-Jamua, Dist. Giridih. Charghara, P.S.-
10. Najama Khatoon, aged about 36 years, Wife of Mubarakh Ansari, Resident of Village khaslodih, P.O. Mandro, P.S.-Deori, district- Giridih
11. Sultana Parween, aged about 30 years, Wife of Wajid Ali Ansari, Resident of Mohanpur, P.O. & P.S. Pachamba, Dist.- Giridih. 2025:JHHC:1088 11
12. Kunti Devi, aged about 43 years, Wife of Binod Ray, Resident of Village-Banshidih, P.O. Chittardih, Jamua, Dist. Giridih. P.S.
13. Manisha Kumari, aged about 28 years, Daughter of Devendra Prasad Singh, Resident of Village Kurhibindo, P.O.-Kurhibindo, Giridih. P.S. Jamua, Dist.-
14. Madhuri Devi, aged about 34 years, Wife of Pradip Tiwari, Resident of Village-Ukharsal, P.O.-Kurhobindo, P.S. Jamua, Dist. Giridih. 15. Madhu Devi, aged about 35 years, Wife of Basudev Ram, Resident of BadkiBergi, P.O.-ChalimoBarahmsiya, Dist. Giridih. P.S.-Dumri,
16. Lakhiya Devi, aged about 65 years, Wife of Shankar Mandal, Resident of Village-Ghorbad, P.O. Handdih, P.S.- Giridih (M), Dist. Giridih. 17. Pinki Kumari Verma, aged about 25 years, Wife of Vikash Bharti, Resident of Village- Sirsiya, P.O.- Kurhobindo, P.S. Jamua, Dist. Giridih. 18. Arti Kumari, aged about 25 years, Wife of Mahendra Prasad Yadav, Resident of Village- Balgo, P.O.- Balgo, P.S.- Jamua, Dist. Giridih. ..… Petitioners
Versus
1. The State of Jharkhand represented through its Chief Secretary, Government of Jharkhand, P.O. and P.S. Dhurwa, District- Ranchi, Jharkhand. 2.
The Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, Jharkhand. P.O. and P.S. Dhurwa, Ranchi,
3. The Under Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, P.O. and P.S. Dhurwa, Ranchi, Jharkhand. 2025:JHHC:1088 12
4. The Deputy Commissioner, Public Distribution and Consumer Affairs, Government of Jharkhand, P.O. and P.S.and District Giridih (Jharkhand)
5. District Supply Officer, Government of Jharkhand, P.O. and P.S. and District- Giridih (Jharkhand). 6. Block Supply Officer, P.O. and P.S. and District Giridih (Jharkhand). ..... Respondents
with
W.P.(C) No. 5473 of 2022
….….. 1. Meena Sway Sahayta Samuh Pathldiha, represented by its Secretary Meena Kumari aged about 29 years, W/O- Vijay Kumar Soni having its registered office at Village- Pathldiha, P.O-Barawadih, P.S-Bagodar, District-Giridih, (Jharkhanand)
2. Gayan Mahila vikash Spport Sangh Sundartand, represented by its Secretary Smt. Basanti Devi aged about 26 years, W/O- Suraj Mahto having its registered office atVillage-Sundrutand, P.O-Beko purvi, P.S.-Bagodar District-Giridih, Jharkhand. 3. Urmila Mahila Mandal, Purnptari, represented by its Secretary Chandrika Kumari aged about 27 years, W/O- Pankaj Sharma having its registered office at Village- Puranptri, P.O-Kailadhab, P.S.-Dhanwar District-Giridih, Jharkhand. 4. Palak Sawyan Sahayta Samuh, Babhnitola Kadhowowa Represented by its Secretary Anita Devi aged about 24 years, W/O- Viney Kumar having its registered office at Village-Bahni tola kadhowowa, P.O-Balhara, P.S.-Dhanwar District-Giridih, Jharkhand. ..… Petitioners
Versus
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1. The State of Jharkhand represented through its chief secretary, Government of Jharkhand Dhurwa, District- Ranchi, Jharkhand. 2. The Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, P.O and P.S-Dhurwa, District-Ranchi, Jharkhand. 3. The under Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand P.O and P.S-Dhurwa, District-Ranchi, Jharkhand. 4. The Deupty Commissioner, Giridih, P.O and P.S and District-Giridih (Jharkhand). 5. The District Supply Officer, Giridih, P.O and P.S and District-Giridih (Jharkhand). 6. The Block Supply Officer, Bagodar, P.O and P.S-Bagodar, District-Giridih, (Jharkhand). 7. The Block Supply Officer, Dhanwar, P.O and P.S-Bagodar, District-Giridih, (Jharkhand). .....
Respondents
with
W.P.(C) No. 5474 of 2022
….….. 1. Madni Swayam Sahayata Samuh, Kasiotoli, represented by its Secretary Gulsan Khatoon, aged about 28 years, W/O-Smshad Ansari having its registered office at Village- - Kasiotoli, P.O & P.S-Hirodih, District-Giridih (Jharkhand) Mahila
2. Maa Sharda Mahila Swayam Sahayta Samuh Remba, Represented by its Secretary Sanju Devi aged about 26 years, W/O- Mukesh Ram having its registered office at Village-& P.O-Remba, P.S.-Hirodih, District- Giridih,Jharkhand
3. Vishwkarma Ajiwika Swayam Sahayata Samuh, Pindarasot Represented by its Secretary Manju Devi aged about 38 years, W/O-Ashok Vishwakarma having its
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registered office at Village-Pindarasot, P.O-Shalibadadiha, P.S.-Hirodih, District Giridih, (Jharkhand)
4. Idea Ladli Women's Swayam Sahayata Samuh, Dhirosinga Represented by its Secretary Puspa Kumari aged about 25 years, W/o Rajiv Ranjan Prbakr having its registered office at Village-Dhirosinga P.O-& P.S.-Hirodih, District Giridih, (Jharkhand)
5. Sanjivni Luxmi Swayam Sahayata Samuh, Sihodih Represented by its Secretary Radhika Kumari aged about 22 years, W/o Abhishek Verma having its registered office at Village-Shiodih, P.O-Bhandaro, P.S.-Hirodih, District Giridih, (Jharkhand)
..… Petitioners
Versus
1. The State of Jharkhand represented through its chief secretary, Government of Jharkhand, P.O and P.S- Dhurwa District-Ranchi, Jharkhand. 2. The Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, Ρ.Ο and P.S-Dhurwa, District-Ranchi, Jharkhand. 3. The under Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, P.O. and P.S.-Dhurwa, District-Ranchi, Jharkhand. 4. The Deputy Commissioner, Giridih, P.O. and P.S. and District-Giridih (Jharkhand.)
5. The District Supply Officer, Giridih, P.O. and P.S. and District-Giridih (Jharkhand.)
6. The Block Supply Officer, Jamua, P.O. and P.S. Jamua, District-Giridih (Jharkhand). ..... Respondents
with
W.P.(C) No. 5476 of 2022
….….. 1. Sri Krishna Sway Sahayta Samuh, Kolhasingha
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Represented by its Secretary Arti Kumari aged about 23 years, W/O-Birendra Kumar Verma having its registered office at Village-Kolhasingha, P.O-Motileda, P.S-Bengabad, District-Giridih, (Jharkhanand)
2.
Kavery Ajivika sway Sahayta Samuh, Chotki khargdiha Represented by its Secretary Smt. Anuradha Verma aged about 23 years, w/o Sudhir Kumar having its office at Villlage & P.O. Chotki, Khalgdiha, P.S. Bengabad, District- Giridih. ..… Petitioners
Versus
1. The State of Jharkhand represented through its chief secretary, Government of Jharkhand, P.O and P.S- Dhurwa District-Ranchi, Jharkhand. 2. The Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, Ρ.Ο and P.S-Dhurwa, District-Ranchi, Jharkhand. 3. The under Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, P.O. and P.S.-Dhurwa, District-Ranchi, Jharkhand. 4. The Deputy Commissioner, Giridih, P.O. and P.S. and District-Giridih (Jharkhand.)
5. The District Supply Officer, Giridih, P.O. and P.S. and District-Giridih (Jharkhand.)
6. The Block Supply Officer, Bengabad, P.O. and P.S., District-Giridih (Jharkhand). ..... Respondents
with
W.P.(C) No. 5478 of 2022
….….. Anmol Ajeevika Sakhi Mandal Mirjadih, Represented by its President Smt. Rina Devi aged about 37 years, W/O- Sndip Kumar Verma having its registered office at Village-Mirjadih P.O- Bajto P.S.-Giridih, District- Giridih, Jharkhand
2025:JHHC:1088 16
..… Petitioner
Versus
1. The State of Jharkhand represented through its chief secretary, Government of Jharkhand, P.O and P.S- Dhurwa District-Ranchi, Jharkhand. 2. The Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, Ρ.Ο and P.S-Dhurwa, District-Ranchi, Jharkhand. 3. The under Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, P.O. and P.S.-Dhurwa, District-Ranchi, Jharkhand. 4. The Deputy Commissioner, Giridih, P.O. and P.S. and District-Giridih (Jharkhand.)
5. The District Supply Officer, Giridih, P.O. and P.S. and District-Giridih (Jharkhand.)
6. The Block Supply Officer, Giridih, P.O. and P.S. Giridih, District-Giridih (Jharkhand). ..... Respondents
with
W.P.(C) No. 5490 of 2022
….….. 1. Sanjeevni Ekta Mahila Mandal Damgi, represented by its Secretary Smt. Nibha Kumari aged about 22 years, W/O- Sndip Kumar Verma having its registered office at Village- Damgi, P.O-Kurhobind, P.S-Jamua, District-Giridih, (Jharkhanand)
2.
Shyog Kendra Sima sway Sahayta Samuh, Nawadih Represented by its Secretary Smt. Priti Verma aged about 25 years, W/O- Pankaj Kumar Raj having its registered office at Village-Nawadih, P.O-Duma, P.S.-Jamua, District- Giridih, Jharkhand,
3. Maa Bhagwti Ajeevika Sakhi Mandal Harodih, represented by its Secretary Sonali Kumari aged about 23
2025:JHHC:1088 17
years, W/O-Pawan Kumar Verma having its registered office at Village-Harodih, P.O-Siyatand, P.S.-Jamua, District- Giridih. ..… Petitioners
Versus
1. The State of Jharkhand represented through its chief secretary, Government of Jharkhand, P.O and P.S- Dhurwa District-Ranchi, Jharkhand. 2. The Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, Ρ.Ο and P.S-Dhurwa, District-Ranchi, Jharkhand. 3. The under Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, P.O. and P.S.-Dhurwa, District-Ranchi, Jharkhand. 4. The Deputy Commissioner, Giridih, P.O. and P.S. and District-Giridih (Jharkhand.)
5. The District Supply Officer, Giridih, P.O. and P.S. and District-Giridih (Jharkhand.)
6. The Block Supply Officer, Jamua, P.O. and P.S., District- Giridih (Jharkhand). ..... Respondents
with
W.P.(C) No. 5514 of 2022
….….. 1.Sunhra Sawy Sahayta Samuh Dhuji, represented by its President Halima Khatoon aged about 45 years, W/O- Rauf Ansari having its registered office at Village-Dhuji, P.O- Sapamarn, P.S-Dhanwar, District-Giridih, (Jharkhanand)
2. Anjani sawy Sahayta Samuh Gudakhnder, represented by its President Gudiya Devi aged about 30 years, W/O- Sanjay Rai having its registered office at Village- Gundakhnder, P.O- Sapamarn, P.S.-Dhnwar. District- Giridih,
3. Hemrodih Prarthmik Krishi Saakh Sahyog Samitti
2025:JHHC:1088 18
Limited Represented by its president Pradip Yadav S/O- Jagdish Yadav aged about 38 years, having its registered office at Village-Madhopur,P.O-Hemrodih, P.S.-Dhanwar District-Giridih, Jharkhand. 4. Radha Ajivika Sakhi Mandal, Naykdih Represented by its President Gudiya Devi aged about 30 years, W/O- Kailash Yadav having its registered office at Village-Nayakdih,P.O Jarisinga, P.S.-Dhanwar District-Giridih, Jharkhand. 5. Kumari Mayiya Mahila Sway Sahayta Samuh Represented by its President Babita Devi aged about 22 years, W/O-Dhurdeo Pandey, having its registered office at Village Dalwadih, P.O-Panchrukhi, P.S.-Dhanwar District- Giridih Jharkhand.
..… Petitioners
Versus
1. The State of Jharkhand represented through its chief secretary, Government of Jharkhand, P.O and P.S- Dhurwa District-Ranchi, Jharkhand. 2. The Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, Ρ.Ο and P.S-Dhurwa, District-Ranchi, Jharkhand. 3. The under Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, P.O. and P.S.-Dhurwa, District-Ranchi, Jharkhand. 4. The Deputy Commissioner, Giridih, P.O. and P.S. and District-Giridih (Jharkhand.)
5. The District Supply Officer, Giridih, P.O. and P.S. and District-Giridih (Jharkhand.)
6. The Block Supply Officer, Dhanwar, P.O. and P.S. Dhanwar, District-Giridih (Jharkhand). ..... Respondents
with
W.P.(C) No. 6001 of 2022
….….. 2025:JHHC:1088 19
1.Avinash Roy, aged about 37 years, s/o Bahadur Roy, reside of Goro, P.O. Siyatand, P.S. Jamua, District - Giridih. 2. Parwati Devi, aged about 46 years, W/o. Sunil Kumar Verma resident of Village Bati, PO- Bati, PS- Jamua, District Giridih (Jharkhand)
3. Punam Kumari, aged about 22 years, W/o. Pankaj Kumar Verma, resident of Village Jaridih, PO- Duma, PS- Jamua District Giridih (Jharkhand)
4. Budhani Devi, aged about 60 years, W/o. Badri Mahato, resident of Village Manjhiladih, Gamua Gadi, PO- Gadi Nawdiha, Nawadihi, PS- Jamua, District - Giridih (Jharkhand)
5. Sanjay Kumar Verma, aged about 36 years, S/o. Shrichand Mahato, resident of Village Gobinddih, Gadi Nawdiha, PO-Gadinawdih, PS- Jamua, District - Giridih (Jharkhand)
6. Doman Mahato, aged about 45 years, son of Anandi Mahto, resident of Village Jaridih, PO- Duma, PS- Jamua, District -Giridih (Jharkhand)
7. Horil Ray, aged about 69 years, S/o. Etvari Ray, resident of Village Karihari (Phulotand), B-Jamua, Bandaro, PO- Karihari, PS- Hirodih, District - Giridih (Jharkhand)
8. Shokni Devi, aged about 47 years, W/o. Prakash Prasad Verma, resident of Village Chachgharia, PO- Jeruadih, PS- Jamua, District Giridih (Jharkhand)
9. Raj Kumari Devi, aged about 37 years, W/o. Mahesh Kushwaha, resident of Village Jharkhandi Baddiha, PO- Murkhari, PS- Hirodih, District - Giridih (Jharkhand)
10. Pooja Verma, aged about 23 years, W/o. Mukesh Kumar Verma, resident of Village Tara, Near Gandhi Chowk, PO- Tara, PS- Jamua, District - Giridih (Jharkhand)
11.
J.Rinku Devi, aged about 34 years, W/o. Kailash Mahto, resident of Village Remba, Baramo, PO- Remba, PS-Hirodih,
2025:JHHC:1088 20
District - Giridih (Jharkhand) 12.Nasiban Khatoon @Basibaran Khatoon, aged about 40 years, wife of Mustafa Ansari, resident of Remba, P.O. Remba, P.S. Jamua, District - Giridih. 13.Rubi Verma @ Rubi Kumari, aged about 26 years, W/o Kamdeo Kumar Verma, resident of Village Jagridih, Goro. PO & PS- Jamua, District Giridih (Jharkhand) 14.Kedar Prasad Yadav, aged about 48 years, son of Kali Yadav, resident of Pobi, P.S. Pobi, PS Jamua, Districi - Giridih. 15. Fulwa Devi, aged about 35 years, W/o. Ramdev Yadav, resident of Village Balgo, PO- Balgo, PS- Jamua, District - Giridih (Jharkhand)
16. Pramila Devi, aged about 36 years, W/o. Raj Kishore Prasad Verma, resident of Village Sirsia, PO- Kurhobindo, PS-Jamua, District - Giridih (Jharkhand) 17.Sanju Kumari, aged about 19 years, W/o. Santosh Kumar Verma, resident of Village Rangamati, PO- Duma, PS-Jamua, District - Giridih (Jharkhand) ..… Petitioners
Versus
1. The State of Jharkhand represented through its Chief Secretary. Government of Jharkhand, PO & PS- Dhurwa, District - Ranchi (Jharkhand)
2. The Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, PO & PS- Dhurwa, District - Ranchi (Jharkhand)
3. The Under Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, PO & PS-Dhurwa, District Ranchi (Jharkhand). 4. The Deputy Commissioner, Giridih, PO & PS & District Giridih (Jharkhand)
5. District Supply Officer, Giridih, PO + PS & District – Giridih (Jharkhand)
2025:JHHC:1088 21
6. Block Supply Officer, Giridih, PO + PS & District – Giridih (Jharkhand)
7. Block Supply Officer, Gandey, PO + PS & District - Giridih, (Jharkhand)
..... Respondents
with
W.P.(C) No. 5626 of 2022
….….. 1. Saraswati Ajeevika Sakhi Mandal Khatpok, through its President Radha Kumari, aged about 25 years, Wife of Madan Kumar Yadav, Resident of Village Khatpok, Tisri, P.O., P.S. & District Giridih. 2.
Aadarsh Mahila Samiti, Khirod, through its President Pooja Devi, aged about 23 years, Wife of Lakhan Kumar Yadav, Resident of Village Khirod, P.O. Gumgi, P.S. Tisri & District Giridih. 3. Gyaan Vigyan Gram Shakti Mahila Sah Samuh, Pipra Tand, through its President Arti Devi, aged about 25 years, Wife of Kapil Dev Prasad Yadav, Resident of 14, Pipra Tand, P.O., P.S. Tisri & District Giridih. 4. Maa Bhawani Ajeevika Sakhi Mandal, Bhandari, through its President Sumandeep Kumari, aged about 23 years, Wife of Sandeep Kumar, Resident of Village Bhandari, P.O. Bhandari, P.S. Tisri & District Giridih. 5. Mahila Vikas Samiti Singho, through its President Jhalo Kumari, aged about 26 years, Wife of Baleshwar Yadav, Resident of House no. 36, Village Singho, P.O. Gumgi, P.S. Tisri & District Giridih. ..… Petitioners
Versus
1. The State of Jharkhand
2. The Principal Secretary, Department of Food, Public Distribution & Consumer Affairs, Government of Jharkhand, having its office at Project Building, Dhurwa, Ranchi, P.O., P.S. Dhurwa & District Ranchi. 2025:JHHC:1088 22
3. The Additional Secretary, Department of Food, Public Distribution & Consumer Affairs, Government of Jharkhand, having its office at Project Building, Dhurwa, Ranchi, P.O., P.S. Dhurwa & District Ranchi. 4. The Under Secretary, Department of Food, Public Distribution & Consumer Affairs, Government of Jharkhand, having its office at Project Building, Dhurwa, Ranchi, P.O., P.S. Dhurwa & District Ranchi. 5. The Deputy Commissioner-cum-District Magistrate, Giridih having its office at Giridih, P.O., P.S. & District Giridih. 6. The Licensing Officer-cum- District Supply Officer, Giridih, having its office at Giridih, P.O., P.S. & District Giridih. 7. The Block Supply Officer, Giridih, having its office at Giridih, P.O., P.S. & District Giridih. ..... Respondents
….…..
CORAM:
HON’BLE MR. JUSTICE DEEPAK ROSHAN
….…
For the Petitioners: Mr. Mahesh Tewari, Advocate
Mr. Suraj Prakash, Advocate
Mr. Shyam Sundar Prasad Prajapati,
Advocate For the Respondents : Mr. Kunal Chandra Suman, A.C to G.P-II
[W.P(C) No. 5477 of 2022]
Mr. Neil Abhijit Toppo, A.C to G.A.-V
[W.P(C) No. 3256 of 2022]
Ms. Sunita Kumari, Advocate
[W.P(C) No.5426 of 2022]
Mr. Mukul Kr. Singh, A.C to G.P.-III
[W.P(C) Nos. 5428, 5490 of 2022]
Mr. Sachin Kumar, AAG-II
[W.P(C) No. 5429 of 2022]
Mr. Aman Shekhar, A.C to G.A.-I
[W.P(C) No. 5473 of 2022]
Mr. Anuj Burman, A.C to G.A-IV
[W.P(C) No. 5476 of 2022]
Mr. Aman Shekhar, A.C to G.A.-I
[W.P(C) No. 5478 of 2022]
Mr. Saurabh Sagar, A.C to S.C.-III
[W.P(C) No. 5514 of 2022]
….…..
C.A.V. ON 31/01/2025 PRONOUNCED ON:08/04 /2025
2025:JHHC:1088 23
Heard learned counsel for the parties.
2. Since the issue involved in all these writ applications are common; as such, all were heard together with consent of the parties and being disposed of by this common order. For brevity, the prayer made in the respective writ applications are extracted hereinbelow: -
W.P.(S) No. 6001 of 2022 (a) For issuance of appropriate writ(s)/ order(s)/, direction(s) quashing the orders as contained in Misc. Case No. 55/2022 dated 21.09.2022, Misc. Case Nos. 52/2022, 43/2022, 74/2022, 54/2022, 34/2022 all dated 22.09.2022, Misc. Case No. 61/2022 dated 21.09.2022, Misc. Case Nos. 40/2022, 73/2022, 86/2022, 41/2022, 66/2022, 84/2022, 76/2022, 83/2022 all dated 22.09.2022, Misc. Case No. 59/2022 dated 21.09.2022, Misc. Case Nos. 65/2022 dated 22.09.2022, which form the table at para 16 of this writ petition (Annexure - 8 series) whereby the licences issued to the petitioners for running the PDS Shops have been cancelled. (b) For issuance of further appropriate writ(s)/order(s)/, direction(s) directing the respondents-authorities to allow the petitioners to continue with the PDS licences which were granted to them as contained in Annexure - 1 series. (c) Any other relief or reliefs as Your Lordships may deem fit and proper for which the petitioners are very much entitled under the
facts and circumstances of the case and in the interest of justice. W.P.(S) No. 5477 of 2022 (a) For issuance of appropriate writ/writs
order/orders, direction/directions for setting aside / quashing the order no.983 dated 01.04.2022 (Annx-6) as well as memo no. 2388 (Petitioner no. 1), memo no. 2401 (Petitioner no. -2) memo no. 2395 (Petitioner no. -3), dated 24.09.2022 (Annx-9) issued under the signature of Under Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, and The District Supply Officer, Giridih, (Resp. no 5 whereby and where-under, the respondents without adherence to the procedures/rules prescribed under the concerned control order, direction has been made to the District Supply Officer, Giridih to ensure cancellation of the TDPS Licenses of the petitioner.
2025:JHHC:1088 24
AND For restraining the respondents from taking an arbitrary/unwarranted action against the petitioners pursuant to the show cause notice (served to same to the petitioners) whereby and whereunder the petitioners was ought to provide an explanation within stipulated periods respectively, failing which, steps shall be taken for cancellation of their respective licenses. AND Further direction upon the Respondents to comply the mandate as provided in the Control order 2017, as till date petitioners has provided with EPOS machines and also receive the allotment order for distribution in-spite of being granted the PDS License, which in deed portrays the Respondents towards effective supply of the essential commodities.
W.P.(C) 5490 of 2022 For issuance of appropriate writ/writs
order/orders, direction/directions for setting aside / quashing the order no.983 dated 01.04.2022 (Annx-6) as well as memo no. 2320 (Petitioner no. 1), memo no. 2325 (Petitioner no. 2) memo no. 2310 (Petitioner no -3), dated 22.09.2022 (Annx-9) issued under the signature of Under Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, and The District Supply Officer, Giridih, (Resp. no 5 whereby and where-under the respondents without adherence to the procedures/rules prescribed under the concerned control order, direction has been made to the District Supply Officer, Giridih to ensure cancellation of the TDPS Licenses of the petitioners. AND For restraining the respondents from taking an arbitrary/unwarranted action against the petitioners pursuant to the show cause notice (served to same to the petitioners) Annx-7 whereby and whereunder the petitioners was ought to provide an explanation within stipulated periods respectively, failing which, steps shall be taken for cancellation of their respective licenses. AND Further direction upon the Respondents to comply the mandate as provided in the Control order 2017, as till date petitioners has provided with EPOS machines and also receive the allotment order for distribution in-spite of being granted the PDS License, which in deed portrays the Respondents towards effective supply of the essential. W.P.(C) No. 5514 of 2022 For issuance of appropriate writ/writs
order/orders, direction/directions for setting aside / quashing the order no.983 dated 01.04.2022 (Annx-6) as well as memo no. 2399 (Petitioner no. 1), memo no 2397 (Petitioner no. -2), memo no. 2387 (Petitioner no. -3) memo no
2025:JHHC:1088 25
2393 (Petitioner no. -4) and memo no. 2386 (Petitioner no.-5) dated 24/09/2022, (Annx-9) issued under the signature of Under Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, and The District Supply Officer, Giridih, (Resp. no 5 & 6) whereby and where-under, the respondents without adherence to the procedures/rules prescribed under the concerned control order, direction has been made to the District Supply Officer, Giridih to ensure cancellation of the TDPS Licenses of the petitioners. AND For restraining the respondents from taking an arbitrary/unwarranted action against the petitioners pursuant to the show cause notice (served to same to the petitioners) Annx-7 whereby and whereunder the petitioners was ought to provide an explanation within stipulated periods respectively, failing which, steps shall be taken for cancellation of their respective licenses. AND Further direction upon the Respondents to comply the mandate as provided in the Control order 2017, as till date petitioners has provided with EPOS machines and also receive the allotment order for distribution in-spite of being granted the PDS License, which in deed portrays the Respondents towards effective supply of the essential commodities. W.P.(C) No. 5626 of 2022
For issuance of a writ in the nature of certiorari quashing the order of cancellation of PDS licenses of the petitioners issued vide memos dated 23.09.2022 (Annexure-10 Series) under the pen and signature of the Licensing Officer-cum- District Supply Officer, Giridih whereby and whereunder a decision has been taken to cancel the PDS licenses granted to the petitioners on the basis that the said licenses have been issued in contravention of Rule 10 (V) and (VII) of the Jharkhand Lakshit Jan Vitran Pranali (Niyantran) Aadesh, 2019 in view of the fact that the same has been issued by relying upon certain issues which have not been raised by the respondents in the earlier issued show causes and because of which the petitioners did not get adequate opportunity of hearing and are as such liable to be quashed on the ground of principles of natural justice. ii. In the interim, to stay the execution, implementation and operation of the memos dated 23.09.2022 (Annexure-10 Series).
W.P.(C) No. 5476 of 22 For issuance of appropriate writ/writs order/orders, direction/directions for setting aside / quashing the order no.983 dated 01.04.2022 (Annx-6) as well as memo no. 2434 (Petitioners no. 1), memo no. 2432 (Petitioners no. -2) dated 28/09/2022, (Annx-9) issued under the signature of Under Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, and The District Supply Officer, Giridih, (Resp. no 5 whereby and where-under, the respondents without adherence to the procedures/rules prescribed under the concerned control order, direction has been made to the
2025:JHHC:1088 26
District Supply Officer, Giridih to ensure cancellation of the TDPS Licenses of the petitioners. For restraining the respondents from taking an arbitrary/unwarranted action against the petitioners pursuant to the show cause notice (served to same to the petitioners) whereby and whereunder the petitioners was ought to provide an explanations within stipulated periods respectively, failing which, steps shall be taken for cancellation of their respective licenses. AND Further direction upon the Respondents to comply the mandate as provided in the Control order 2017, as till date petitioners has provided with EPOS machines and also receive the allotment order for distribution in-spite of being granted the PDS License, which in deed portrays the Respondents towards effective supply of the essential commodities. W.P.(C) No. 5474 of 22 For issuance of appropriate writ/writs order/orders, direction/directions for setting aside / quashing the order no.983 dated 01.04.2022 (Annx-6) as well as memo no.2319 (Petitioner no.1), memo no. 2317 (Petitioner no.2), memo no. 2326 (Petitioner No.3), memo no 2284 (Petitioner no.4), memo no 2280 (Petitioner no.5) dated 22.09.2022 and 21/09/2022 (Annx-9) issued under the signature of Under Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand and The District Supply Officer, Giridih, (Resp. no 5 whereby and where-under, the respondents without adherence to the procedures/rules prescribed under the concerned control
order, direction has been made to the District Supply Officer, Giridih to ensure cancellation of the TDPS Licenses of the petitioner. AND For restraining the respondents from taking an arbitrary/unwarranted action against the petitioners pursuant to the show cause notice (served to same to the petitioners) whereby and whereunder the petitioners was ought to provide an explanations within stipulated periods respectively, failing which, steps shall be taken for cancellation of their respective licenses. AND Further direction upon the Respondents to comply the mandate as provided in the Control order 2017, as till date petitioners has provided with EPOS machines and also receive the allotment order for distribution in-spite of being granted the PDS License, which in deed portrays the Respondents towards effective supply of the essential commodities. W.P.(C) No. 5473 of 22 For issuance of appropriate writ/writs order/orders, direction/directions for setting aside / quashing the order no.983 dated 01.04.2022 (Annx-6) as well as memo no. 2214 (Petitioner no.1), memo no 2205 (Petitioners no. -2) dated 19/09/2022, memo no. 2390 (Petitioner no-3) and memo no 2391 (Petitioner no. 4) dated 24/09/2022, (Annx-9) issued under the signature of Under Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, and The District Supply Officer, Giridih, (Resp. no
2025:JHHC:1088 27
5 & 6) whereby and where-under the respondents without adherence to the procedures/rules prescribed under the concerned control order, direction has been made to the District Supply Officer, Giridih to ensure cancellation of the TDPS Licenses of the petitioners. AND For restraining the respondents from taking an arbitrary/unwarranted action against the petitioners pursuant to the show cause notice (served to same to the petitioners) Annx-7 whereby and whereunder the petitioners was ought to provide an explanations within stipulated periods respectively, failing which, steps shall be taken for cancellation of their respective licenses. AND Further direction upon the Respondents to comply the mandate as provided in the Control order 2017, as till date petitioners has provided with EPOS machines and also receive the allotment order for distribution in-spite of being granted the PDS License, which in deed portrays the Respondents towards effective supply of the essential commodities.
W.P.(C) No. 5429 of 22 That the Petitioners by way of the instant Writ Petition most humbly and respectfully solicits your Lordships kind indulgence for following reliefs- I. For issuance of appropriate writ/writs, order/orders, direction/directions, Writ in the nature of Mandamus and direct the respondent authorities to bring on record the entire documents pertaining to the proceeding initiated against the petitioners whereby and where-under their respective PDS licenses had been cancelled after influenced/prejudiced by their earlier letter having dated 01/04/2022 issued by the Department of Food, Public Distribution and Consumer Affairs (Annx-5 to the main writ petition) and further restrain them from giving effect to the said order of PDS cancellation as annexed as Annexure 9 series of the instant Interlocutory application till pendency to the writ petition. AND II. For issuance of appropriate writ(s), order(s), direction(s) to set aside the respective Orders (ANNX-9 SERIES) passed by the District Supply officer - cum- Licensing Officer Giridih, , Respondent no.5, which are as follows:- a. Order contained in memo no. dated 20/09/2022 passed in Case no. 170/2022 for cancellation of PDS license no.13/2020 of Petitioner no.1. b. Order contained in memo no. 2268 dated 21/09/2022 passed in Case no. 182/2022 for cancellation of PDS license no.23/2020 of Petitioner по 2. с. Order contained in memo no. 2240 dated 20/09/2022 passed in Case no. 163/2022 for cancellation of PDS license no.05/2020 of Petitioner no.3. d. Order contained in memo no. 2371 dated 24/09/2022 passed in Case no. 122/2022 for cancellation of PDS license no.08/2020 Petitioner no.4. e. Order contained in memo no 2177 dated 16/09/2022 passed in Case no. 196/2022 for cancellation of PDS license no.6/2020 of Petitioner no.5. 2025:JHHC:1088 28
f. Order contained in memo no. 2274 dated 21/09/2022 passed in Case no. 185/2022 for cancellation of PDS license no.28/2020 of Petitioner no.6 g. Order contained in memo no. 2285 dated 21/09/2022 passed in Case no. 57/2022 for cancellation of PDS license no.22/2020 of Petitioner no.7 h. Order contained in memo no. 2333 dated 22/09/2022 passed in Case no.
51/2022 for cancellation of PDS license no.21/2020 of Petitioner no.8 i. Order contained in memo no. 2327 dated 22/09/2022 passed in Case no.36/2022 for cancellation of PDS license no.11/2020 of Petitioner no.9 j. Order contained in memo no. 2178 dated 16/09/2022 passed in Case no. 195/2022 license for cancellation no.11/2020 of PDS Petitioner k. Order contained in memo no. 2245 dated 20/09/2022 passed in Case no. 169/2022 for cancellation of PDS license no.27/2020 of Petitioner no. 11 l. Order contained in memo no. 2308 dated 22/09/2022 passed in Case no. 69/2022 for cancellation of PDS license no.42/2020 of Petitioner no.12. m. Order contained in memo no. 2331 dated 22/09/2022 passed in Case no. 53/2022 for cancellation of PDS license no.57/2020 of Petitioner no.13. n. Order contained in memo no. 2301 dated 22/09/2022 passed in Case no. 68/2022 for cancellation of license No. 46/2020 of Petitioner nо.14 o. Order contained in memo no. 2118 dated 15/09/2022 passed in Case no.02/2020 for cancellation of PDS license no.02/2020 Petitioner no.15. p. Order contained in memo no. 2266 dated 21/09/2022 passed in Case no. 176/2022 for cancellation of PDS license no. no.11/2020 of Petitioner no.16 q. Order contained in memo no. 2278 dated 21/09/2022 passed in Case No. 56/2022 for cancellation of PDS license no.23/2020 of Petitioner no.17. r. Order contained in memo no. 2324 dated 22/09/2022 passed in Case no. 35/2022 for cancellation of PDS license no.13/2020 of Petitioner no.18. AND / OR Pass such other order/ Orders as Your Lordships may deem fit in the interest of Justice, Equity and Good Conscience.
W.P.(C) No. 5428 of 2022 I. For Issuance of appropriate writ/writs, order/orders, direction/directions, Writ in the nature of Mandamus and direct the respondent authorities to bring on record the entire documents pertaining to the proceeding initiated against the petitioners whereby and where-under their respective PDS licenses had been cancelled after having influenced/prejudiced by their earlier letter dated 01/04/2022 issued by the Department of Food, Public Distribution and consumer Affairs (Annx-5 to the main writ petition) and further restrain them from giving effect to the said order of PDS cancellation as annexed as annexure 9 series of the instant Interlocutory application till pendency to the present writ petition. AND
2025:JHHC:1088 29
II. For issuance of appropriate writ(s), order(s), direction(s) to set aside the respective Orders (ANNX-9 SERIES) passed by the District Supply officer- cum- Licensing Officer, Giridih, Respondent no.5, which are as follows:- a. Order contained in memo no. 2392 dated 24/09/2022 passed in Case no. 147/2022 for cancellation of PDS license no.30/2020 of Petitioner no.1. b. Order contained in memo no. 2175 dated 16/09/2022 passed in Case no. 194/2022 for cancellation of PDS license no.07/2020 of Petitioner no 2. c. Order contained in memo no. 2176 dated 16/09/2022 passed in Case no. 198/2022 for cancellation of PDS license no.04/2020 of Petitioner no.3. d. Order contained in memo no. 2239 dated 20/09/2022 passed in Case no. 162/2022 for cancellation of PDS license no.25/2020 of Petitioner no.4. e. Order contained in memo no. 2138 dated 15/09/2022 passed in Case no. 20/2022 for cancellation of PDS license no. 26/2020 of Petitioner no.5. f. Order contained in memo no. 2179 dated 16/09/2022 passed in Case no. 197/2022 for cancellation of PDS license no.05/2020 of Petitioner no.6 g. Order contained in memo no. 2435 dated 28/09/2022 passed in Case no. 118/2022 for cancellation of PDS license no.07/2020 of Petitioner no.7 h. Order contained in memo no. 2433 dated 28/09/2022 passed in Case no.
120/2022 for cancellation of PDS license no.04/2020 of Petitioner no.8 i. Order contained in memo no. 2289 dated 22/09/2022 passed in Case no.89/2022 for cancellation of PDS license no.60/2020 of Petitioner no.9 j. Order contained in memo no. 2166 dated 16/09/2022 passed in Case no. 29/2022 for cancellation of PDS license no.14/2020 of Petitioner no.10. k. Order contained in memo no. 2136 dated 15/09/2022 passed in Case no. 18/2022 for cancellation of PDS license no.38/2020 of Petitioner no.11. 1. Order contained in memo no. 2131 dated 15/09/2022 passed in Case no. 15/2022 for cancellation of PDS license no. 37/2020 of Petitioner no.12. m. Order contained in memo no. 2133 dated 15/09/2022 passed in Case no. 192/2022 for cancellation of PDS license no.09/2020 of Petitioner no.13. n. Order contained in memo no. 2127 dated 15/09/2022 passed in Case no. 11/2022 for cancellation of PDS license 12/2020 of Petitioner no.14. o. Order contained in memo no. 2128 dated 15/09/2022 passed in Case nо- 12/2022 for cancellation of PDS license no. 27/2020 of Petitioner no.15. p. Order contained in memo no. 2256 dated 20/09/2022 passed in Case no. 179/2022 for cancellation of PDS license no. 04/2020 of Petitioner no.16. q. Order contained in memo no. 2381 dated 24/09/2022 passed in Case no. 155/2022 for cancellation of PDS license nо. 13/2020 of Petitioner no.17. r. Order contained in memo no. 2117 dated 15/09/2022 passed in Case no. 01/2022 for cancellation of PDS license no. 01/2020 of Petitioner no.18. s. Order contained in memo no. 2389 dated 24/09/2022 passed in Case no. 2025:JHHC:1088 30
153/2022 for cancellation of PDS license no. 20/2020 of Petitioner no.19. t. Order contained in memo nо. 2183 dated 16/09/2022 passed in Case no. 202/2022 for cancellation of PDS license no. 07/2020 of Petitioner no.20. u. Order contained in memo no. 2377 dated 24/09/2022 passed in Case no. 136/2022 for cancellation of PDS license no. 29/2020 of Petitioner no.21.
v. Order contained in memo no. 2182 dated 16/09/2022 passed in Case no. 199/2022 for cancellation of PDS license no. 04/2020 of Petitioner no.22. w. Order contained in memo no. 2306 dated 29/09/2022 passed in Case no. 72/2022 for cancellation of PDS license no. 48/2020 of Petitioner no.23. x. Order contained in memo no. 2315 dated 22/09/2022 passed in Case no. 48/2022 for cancellation of PDS license no. 36/2020 of of PDS Petitioner no.24 y. Order contained in memo no. 2291 dated 22/09/2022 passed in Case no. 88/2022 for cancellation of PDS license no. 49/2020 of Petitioner no.25. z. Order contained in memo no. 2313 dated 22/09/2022 passed in Case no.46/2022 for cancellation of PDS license no. 29/2020 of Petitioner no.26 W.P.(C) No. 5426 of 2022 I. For Issuance of appropriate writ/writs, order/orders, direction/directions, writ in the nature of Mandamus and direct the respondent authorities to bring on record the entire documents pertaining to the proceeding initiated against the petitioners whereby and where-under their respective PDS licenses had been cancelled after having influenced/prejudiced by their earlier letter dated 01/04/2022 issued by the Department of Food, Public Distribution and consumer Affairs (Annx-5 to the main writ petition) and further restrain them from giving effect to the said order of PDS cancellation as annexed as annexure 9 series of the instant Interlocutory application till pendency to the present writ petition. AND II. For issuance of appropriate writ(s), order(s), direction(s) to set aside the respective Orders (ANNX-9 SERIES) passed by the District Supply officer- cum- Licensing Officer, Giridih, Respondent no.5, which are as follows:- a. Order contained in memo no. 2266 dated 21/09/2022 passed in Case no. 176/2022 for cancellation of PDS license 11/2020 of Petitioner no.1. b. Order contained in memo no. 2202 dated 19/09/2022 passed in Case no. 105/2022 for cancellation of PDS license no.05/2020 of Petitioner no 2. c. Order contained in memo no. 2218 dated 19/09/2022 passed in Case no.
100/2022 for cancellation of PDS license no.17/2020 of Petitioner no.3. d. Order contained in memo no. 2210 dated 19/09/2022 passed in Case no. 95/2022 for cancellation of PDS license no.21/2020 of Petitioner no.4. e. Order contained in memo no. 2216 dated 19/09/2022 passed in Case no. 94/2022 for cancellation of PDS license no.14/2020 of Petitioner no.5. 2025:JHHC:1088 31
f. Order contained in memo no. 2217 dated 19/09/2022 passed in Case no. 107/2022 for cancellation of PDS license no.20/2020 of Petitioner no.6 g. Order contained in memo no. 2212 dated 19/09/2022 passed in Case no. 98/2022 for cancellation of PDS license no.13/2020 of Petitioner no.7 h. Order contained in memo no. 2206 dated 19/09/2022 passed in Case no. 110/2022 for cancellation of PDS license no.09/2020 of Petitioner no.8 i. Order contained in memo no. 2213 dated 19/09/2022 passed in Case no.91/2022 for cancellation of PDS license no.23/2020 of Petitioner no.9 j. Order contained in memo no. 2207 dated 19/09/2022 passed in Case no. 111/2022 for cancellation of PDS license no.18/2020 of Petitioner no.10. k. Order contained in memo no. 2367 dated 24/09/2022 passed in Case no. 123/2022 for cancellation of PDS license no.06/2020 of Petitioner no.11 l. Order contained in memo no. 2236 dated 20/09/2022 passed in Case no. 113/2022 for cancellation of PDS license no. 12/2020 of Petitioner no.12. m. Order contained in memo no. 2314 dated 22/09/2022 passed in Case no. 47/2022 for cancellation of PDS license no. 14/2020 of Petitioner no.13. n. Order contained in memo no. 2200 dated 19/09/2022 passed in Case no. 103/2022 for cancellation of PDS license no. 04/2020 of Petitioner no.14. o. Order contained in memo no. 2373 dated 24/09/2022 passed in Case no.129/2022 for cancellation of PDS license no. 03/2020 of Petitioner no.15. p. Order contained in memo no. 2370 dated 24/09/2022 passed in Case no. 124/2022 for cancellation of PDS license no. 07/2020 of Petitioner no.16. q. Order contained in memo no. 2366 dated 24/09/2022 passed in Case no. 127/2022 for cancellation of PDS license no. 10/2020 of Petitioner no.17. r. Order contained in memo no.
2215 dated 19/09/2022 passed in Case no. 93/2022 for cancellation of PDS license no. 10/2020 of Petitioner no.18. W.P.(C) No. 3256 of 2022 For Issuance of appropriate writ/writs, order/orders, direction/directions for setting aside / quashing the Order no. 983 dated 01/04/2022 (Annx-5) issued under the signature of Under Secretary, Department of Food public Distribution and consumer affairs, Government of Jharkhand, whereby and where-under, the Respondent without adherence to the procedures/rules prescribed under the concerned control order, direction has been made to the District Supply Officer, Giridih to ensure cancellation of the TDPS Licenses of the petitioners. AND For restraining the Respondents from taking an arbitrary/unwarranted action against the petitioners pursuant to the show cause notices (served to some to the petitioners) (Annx-6 Series), whereby and where-under the petitioners were ought to provide an explanation within stipulated periods respectively, failing which, steps shall be taken for cancellation of their respective licenses. 2025:JHHC:1088 32
AND Further direction upon the Respondents to comply the mandate as provided in the Control order 2017, as till date several petitioners are yet to be provided with the EPOS machines and also several petitioners are yet to receive the allotment order for distribution in-spite of being granted the PDS License, which in deed portrays approach of the lackadaisical approach of the Respondents towards effective supply of essential commodities. AND/OR 1.A. For issuance of appropriate writ in the nature of mandamus and direct the respondent authorities to bring on record the entire document pertaining to the proceeding initiated against the petitioners whereby and where under their respective PDS licenses had been cancelled after having influenced/prejudiced by their earlier impugned letter dated 01/04/22 issued by the Department of food Distribution and Consumer Affair (Anx-5 to the writ Petition) and further restrain them from giving effect to the said orders of PDS cancellation as Annexure 9 series of the instant Interlocutory application till pendency to the present writ petition.
AND For issuance of appropriate writ(s), order(s), direction(s) to set aside the respective orders (Annexure - 9 series) passed by the District supply officer- cum-Licensing officers, Giridih Respondent No. 5, which are as follows: (a) order contained in memo no. 2254 dated 20/9/22 passed in case no. 177/2022 for cancellation of PDS License no. 14/2020 of the Petitioner no. 1 (b) order contained in memo no. 2255 dated 20.09.22 passed in case no.- 178/2022 for Cancellation of PDS License no. 06/2020 of petitioner no. 2. (C) order contained in memo no. 2265 dated 21.09.2022 passed in case no. 180/2022 for Cancellation of PDS License of the petitioner no. 3 (d) order contained in memo no.. 2171 dt. 16.09.22 passed in case no. - 27/22 for cancellation of PDS License no. 30/2020 of the petitioner no. 4. (e) order contained in memo no. 2288 dt. 22.09.22 passed in case no. 90/2022 for cancellation of PDS License no.61/2020 of Petitioner no. 5. (f) order contained in memo no. 2237 dt. 20-09-22 passed in case no. 99/2022 for cancellation of PDS License no. 19/2020 of Petitioner no. -6 (g) Order Contained in memo no. 2316 dt. 22.09.22 passed in Case no. 45/2022 for cancellation of PDS License no. 10/2020 of the petitioner no. 7 (h) order contained in memo no. 2181 dt. 16-09-22 passed in case no. 200/2022 for Cancellation of PDS License no. 09/2020 of petitioner no. 8. (i) Order Contained in memo no. 2252 dt. 20.09.2022 parsed in case no. 183/2022 for Cancellation of PDS License no-07/2020 of the petitioner no.9 (j) order contained in memo no.2137 dt. 15/09/2022 passed in case no. 19/2022 for cancellation of PDS License no. 36/2020 of Petitioner no.10. (k) order contained in memo no. 2211 dt. 19/09/2022 passed in Case no. 2025:JHHC:1088 33
97/2022 for cancellation of PDS License no. 16/2020 of petitioner no.11 (1) order contained in memo no. 2120 dt. 15/09/2022 Passed in case no- 04/2022 for Cancellation of PDS License no-35/2020 of Petitioner no. 12. (m) Order contained in memo no. 2173 dt. 16/09/2022 passed in Case no. 13/2022 for cancellation of PDS Licence no. 23/2020 of Petitioner no. 13. (n) order contained in memo no. 2130 dt- 15/09/2022 passed in case no. 14/2022 for cancellation of PDS License No. 24/2020 of petitioner no-14 (o) order contained in memo no. 2122 dt. 15/09/2022 passed in case no.
06/2022 for cancellation of PDS License no.19/2020 of petitioner no. 15. (p) order contained in memo no. 2161 dt. 15/09/2022 passed in case no. 21/2022 for cancellation of PDS License no. 22/2020 of petitioner no-16. (q) order contained in memo no. 2161 dt 16.09.2022 passed in case no.24/22 for cancellation of PDS License no. 21/2020 of petitioner no. 17. (r) order contained in memo no.2126 dt. 15.09.2022 passed in case no. 10/2022 for cancellation of PDS License no. 20/2020 of petitioner no. 18. (s) order contained in memo no. 2168 dt. 16.09.2022 passed in case no. 31/2022 for cancellation of PDS License no. 16/2020 of petitioner no. 19 (t) order contained in memo no 2167 dt. 16.09.2022 passed in case no. 30/2022 for cancellation of PDS License no-13/2020 of petitioner no. 20. W.P.(C) No. 5478 of 2022 For issuance of appropriate writ/writs order/orders, direction/directions for setting aside / quashing the order no.983 dated 01.04.2022 (Annx-6) as well as memo no. 2248 dated 20.09.2022 (Annx-9) issued under the signature of Under Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, and The District Supply Officer, Giridih, (Resp. no 5 whereby and where-under, the respondents without adherence to the procedures/rules prescribed under the concerned control order, direction has been made to the District Supply Officer, Giridih to ensure cancellation of the TDPS Licenses of the petitioner. AND For restraining the respondents from taking an arbitrary/unwarranted action against the petitioner pursuant to the show cause notice (served to same to the petitioner) Annx-7 whereby and whereunder the petitioner was ought to provide an explanations within stipulated periods respectively, failing which, steps shall be taken for cancellation of their respective licenses.
AND Further direction upon the Respondents to comply the mandate as provided in the Control order 2017, as till date petitioner has provided with EPOS machines and also receive the allotment order for distribution in-spite of being granted the PDS License, which in deed portrays the Respondents towards effective supply of the essential commodities. 2025:JHHC:1088 34
3. As stated hereinabove, the issue in all these writ applications is common and even the grievance of the respective petitioners is same and similar; however, for brevity, the facts of W.P.(C) No. 6601 of 2022 is referred herein below. 4. Pursuant to an advertisement as contained in letter No.1427/A, dated 23.06.2018, the Petitioners applied for and were granted dealership for Public Distribution System. However, they were issued separate show-cause notices that they have not been granted the licenses as per the provisions laid down under the Jharkhand Targeted Public Distribution System (Control) Order, 2019. The Petitioners replied to the show cause, thereafter second show-cause was issued on the ground that the reply to the previous show-cause was not acceptable. The petitioners again replied to the same, thereafter the concerned respondent had issued a notice for hearing stating therein that the reply to the second show-cause also did not disclose any new fact and directed the petitioners to appear before the Deputy Commissioner, Giridih with all the documents. Being aggrieved thereby, the petitioners preferred writ petitions being W.P. (S) No. 1883 of 2022 and
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W.P. (S) No. 2413 of 2022 which was disposed of by directing the concerned authorities to take a decision. 5 Finally, without disclosing any default or violation on the part of the Petitioners their licenses were cancelled solely on the ground that the Jharkhand Targeted Public Distribution System (Control) Order, 2019 came into force on 07.03.2019 and, therefore, their appointment could not have been made under the Jharkhand Targeted Public Distribution System (Control) Orders, 2017. 6.
It has been submitted by learned Counsels representing the respective petitioners that it is a settled principle of law that the rules of business cannot be changed in the process of selection. So far as the Petitioners are concerned; their selection process started through an advertisement as contained in letter No.1427/A dated 23.06.2018 and at the time of issuance of advertisement, the Jharkhand Targeted Public Distribution (Control) Order, 2017 was in vogue and accordingly, the selection process was made under the said Order and the said selection process was completed in the year 2022 and the licenses were issued to the Petitioners. Barely because during the pendency of the selection process, the Government of Jharkhand had framed
2025:JHHC:1088 36
Targeted Public Distribution System (Control) Order, 2019, which came into force with effect from 07.03.2019, that cannot be a basis to cancel the selection process of the Petitioners. It has been further submitted that the e-POS machines were asked for by letter no. 3274/aao dated 02.11.2020 from the office of the DSO, Giridih and the same requisition was dispatched by way of the letter dated
18.06.2021. In the same letter, it has been clearly mentioned that these licensees received their dealership pursuant to an advertisement as contained in letter No.1427/A dated 23.06.2018 issued under the Jharkhand Targeted Public Distribution (Control) Order, 2017, which has been mis-interpreted as being issued in 2020 and thus falling under the 2019 Order. 7. Per contra, it has been contended by learned counsels representing the State respondents that the Petitioner No. 1 had submitted its challan for prescribed fees in the year 2020, against which license was granted on 18.07.2020 being license no. 34/2020 under the Jharkhand Targeted Public Distribution System (Control)
Order, 2017 but from perusal of paragraph 10(VIII) of Jharkhand Targeted Public Distribution System (Control)
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Order, 2017, the Treasury challan of required license fee should have been submitted along with application before the competent authority. Thus, it is in contravention of Jharkhand Targeted Public Distribution System (Control)
Order, 2017 because Jharkhand Targeted Public Distribution System (Control) Order, 2019 deleted (wilopit) the Order, 2017 making the earlier notification non est in the eye of law. It has also been argued by the Respondent-State that vide department order no. 2612 dated 08.10.2021, a three- member committee was constituted to enquire into irregularities committed by the then District Supply Officer, Giridih under the chairmanship of Director, Food and Consumer Affairs, Jharkhand who verified the records and came to the conclusion that total 478 licenses were issued; however, 216 new licenses out of them were irregular and submitted its report. After perusing the same, the Under Secretary issued a letter to District Supply Officer, Giridih directing therein to ensure cancellation of said 208 licenses out of 216 licenses in the light of Rule 2 (xiii) of Jharkhand Targeted Public Distribution System (Control) Order, 2017. On the basis of Official letter and as per order passed by this Court
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in W.P.(C). No. 1883/2022 with I.A. No. 4115/2022, the Respondent No. 5 District Supply Officer, Giridih initiated a Misc. Case No. 55/2022 and after issuing Show Cause notice to the Petitioners and hearing them passed order on 21.09.2022 and issued the same vide Memo No. 2277. Thus, it is incorrect to allege that the steps of answering Respondents are arbitrary and illegal. 8. Having heard learned counsel for the rival parties and after going through the respective affidavits and the documents annexed therein it appears that the Respondent authorities vide memo no. 1427/A dated 23.06.2018 advertised for inviting applications to grant 478 PDS license at Block Level in Giridih District for which the respective Petitioners applied for and were granted dealership in the year 2020. Thereafter, the licenses of the Petitioners were cancelled on the ground that the Jharkhand Targeted Public Distribution System (Control) Order, 2019 came into force on 07.03.2019 and therefore the appointment of the Petitioners could not have been made under the Jharkhand Targeted Public Distribution System (Control) Order,2017. 9. It is a settled principle of law that the rules of the game; meaning thereby, the criteria for selection cannot be altered by the authorities concerned in the middle or
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after the process of selection has commenced as observed by Hon’ble Apex Court in Maharashtra SRTC versus Rajendra Bhimrao Mandve1.
In all these cases, the selection process commenced with the issuance of the advertisement in the year 2018 during which the Jharkhand Targeted Public Distribution System (Control)
Order,2017 was in vogue and simply because during pendency of selection process a new order being Jharkhand Targeted Public Distribution System (Control) Order, 2019 was brought in force; the same could not have been made applicable in the selection process of the respective Petitioners, as the same was initiated much prior to coming into force of the new Public Distribution System.
Therefore, the Petitioners were rightly selected observing the procedures and conditions mentioned in the
Order of 2017. Thus, barely because the Controlling Department had under wrong notion vide letter No. 983 dated 01.04.2022 directed for issuance of notices and cancellation of licenses, the licenses of the Petitioners could not have been cancelled by the respective impugned orders.
10. It is further evident from records that pursuant to the advertisement as many as 478 licenses were issued; however, show cause notices were issued to only 216
1 (2001) 10 SCC 51
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licensees but surprisingly the Respondent authorities have cancelled the licenses of only 208 persons.
This Court fails to understand that if the selection process as per the Respondents themselves was not correct; then under what circumstances the licenses of the other licensees who had been granted licenses under the same advertisement were not cancelled. It is not open for the Respondent authorities to adopt double standards and, if according to them, there was a flaw in the selection under the Order of 2017; then licenses of all the licensees ought to have been cancelled, but the Respondent authorities have adopted a pick and choose method which is wholly discriminatory on the face of it and in violation of the right guaranteed under Article 14 of the Constitution of India.
11. Having regard to the aforesaid discussions, it is hereby ordered that respective impugned orders passed by the District Supply Officer cancelling the licenses of the respective petitioners for running the PDS shop, is hereby, quashed and set aside. The Respondent authorities are further directed to allow the respective Petitioners to continue with the PDS licenses which were granted to them.
12. The details of the impugned order issued in the case
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of respective petitioners with respect to different writ applications are given in detail hereinbelow: - i)
In W.P.(C) No. 6001/22,
order dated 21.09.2022 and order dated 22.09.2022 (Annexure 8 series) passed in respective misc. case; whereby the licenses issued to the petitioner no.1 to petitioner no.17 for running the PDS Shop have been cancelled, are hereby, quashed and set aside. ii)
In WPC No. 5429/22,
order dated 15.09.22,16.09.22, 20-09-22, 21.09.22, 22.09.22 and 24.09.22 (Annexure 9 series) passed in respective misc. Cases; Whereby the licenses issued to the petitioner no.1 to petitioner no.18 for running the PDS Shop have been cancelled are hereby quashed and set aside. iii) In WPC No. 5426/22 order dated 19.09.22, 20.09.22, 21.09.22, 22.09.22 & 24.09.22, (Annexure- 9 Series) passed in respective misc. cases whereby the licenses issued to Pet.no. 1 to Pet no.18 for running the PDS Shop have been cancelled are hereby quashed and set aside. iv) In WPC No.5626/22 order dated 23.09.2022 (Annexure 10 Series) passed in respective misc. cases; whereby the licenses issued to petitioner no. 1 to petitioner no.5 for running the PDS Shop have been cancelled are hereby quashed and set aside v)
In WPC No.5428/22
order dated 15.09.2022, 16.09.2022, 20.09.22, 22.09.2022, 24.09.22, 28.09.22 and 29.09.22 (Annexure 9 Series) passed in respective misc. cases; whereby licenses of Petitioner no. 1 to Petitioner no.26 for running the
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PDS Shop have been cancelled are hereby quashed and set aside. vi) In WPC 3256/22 order dated 15.09.22, 16.09.22, 19.09.22, 20.09.22, 21.09.22 and 22.09.22 (Annexure 9 series) passed in respective misc cases; whereby licenses of Petitioner no 1 to Petitioner no. 20 for running the PDS Shop have been cancelled are hereby quashed & set aside. vii) In WPC no. 5490/22 order dated 22.09.22 (Annexure 9 series) passed in respective misc. cases; whereby licenses of Petitioner no 1 to Petitioner no. 3 for running the PDS Shop have been cancelled are hereby quashed & set aside. viii) In WPC no. 5477/22 order dated 24.09.22 (Annexure 9 series) passed in respective misc. cases; whereby licenses of Petitioner no 1 to Petitioner no. 3 for running the PDS Shop have been cancelled are hereby quashed & set aside. ix) In WPC no. 5514/22 order dated 24.09.22 (Annexure 9 series) passed in respective misc. cases; whereby licenses of Pet. no 1 to Pet. no. 5 for running the PDS Shop have been cancelled are hereby quashed & set aside. x)
In WPC no. 5473/22 order dated 19.09.22 & 24.09.22 (Annexure 9 series) passed in respective misc. cases; whereby licenses of Petitioner no 1 to Petitioner no. 4 for running the PDS Shop have been cancelled are hereby quashed & set aside. xi) In WPC no. 5476/22 order dated 28.09.22 (Annexure 9 series) passed in respective misc. cases; whereby licenses of Petitioner no 1 & Petitioner no. 2
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for running the PDS Shop have been cancelled are hereby quashed & set aside. xii) In WPC no. 5478/22 order dated 20.09.22 (Annexure 9) passed in misc. cases; whereby license of Petitioner for running the PDS Shop has been cancelled are hereby quashed & set aside. xiii) In WPC no. 5474/22 order dated 21.09.22 & 22.09.22 (Annexure 9 series) passed in respective misc. cases; whereby licenses of Petitioner no 1 to Petitioner no. 5 for running the PDS Shop have been cancelled are hereby quashed & set aside.
13. Accordingly, all these writ petitions stand allowed and disposed in the manner indicated hereinabove. Pending I.As. if any also stands disposed of.
(Deepak Roshan, J.) Amardeep/ N.A.F.R