Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 25844 (JHR)

VIJAY KARMALI v. THE STATE OF JHARKHAND THROUGH THE SECRETARY DEPTT OF FOOD PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS

WPC/4993/2023 · 2025-06-24

Gautam Kumar Choudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:16748 IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No. 4993 of 2023 ----- Vijay Karmali, S/o Janki Karmali, R/o Bicha Patratu, Bicha, Deoria, P.O. & P.S.-Bargaon, Dist.-Ramgarh … …. Petitioner Versus 1. The State of Jharkhand through the Secretary, Department of Food, Public Distribution and Consumer Affairs, at Project Bhawan, Dhurwa, P.O. & P.S. Dhurwa, Dist.-Ranchi 2. The Deputy Commissioner-Cum-District Magistrate, Ramgarh, having his office at Jharkhand State Highway-2, Ramgarh Cantonment, P.O., P.S. & Dist.-Ramgarh 3. The District Supply Officer, Ramgarh, having his office at Collectorate Office, Chhatamandu, P.O, P.S. & Dist.-Ramgarh … …. Respondents ----- CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----- For the Petitioner : Mr. Rahul Kumar, Advocate For the State : Mr. Prashant Kr. Rai, AC to SC(L&C)-1 ----- Oral Order 05 / Dated : 24.06.2025 1. The instant writ petition has been filed for quashing the order dated 02.05.2023 passed in License Cancellation Appeal Case No. 32 of 2023, whereby and whereunder, the petitioner’s appeal was dismissed as time barred. 2. It is submitted by learned counsel for the petitioner by referring part of Annexure-5 to the writ petition that the license was cancelled on 26.10.2021 against which an appeal was preferred on 19.11.2021 which will be apparent from the online case status as reflected in the revenue monitoring system, a copy of which has been filed. The filing date is 19.11.2021 and so is the status as reflected in the search by enrollment number on the site from which the relevant documents have been downloaded and annexed with the writ petition. In this view of the matter, the very dismissal on the ground of limitation was perverse and is not sustainable. 3. It is argued by learned counsel for the State that as per the counter affidavit, the appeal was filed six months after cancellation of license in 2023. 2025:JHHC:16748 2 4. The respondent-State has, however, not given any explanation with regard to the online case status as filed on behalf of the petitioner from which it is apparent that the appeal was preferred within the stipulated time. 5. Under the circumstance, the impugned order is not sustainable and is, accordingly, set aside. 6. The Deputy Commissioner, Ramgarh (respondent no. 2) is directed to dispose of the appeal filed by the petitioner, on merit expeditiously. This writ petition stands disposed of. Pending I.A., if any, also stands disposed of. (Gautam Kumar Choudhary, J.) AKT/Satendra