DURGA MAHLI v. THE STATE OF JHARKHAND THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF FOOD CIVIL SUPPLIES
WPC/7837/2025 · 2026-01-22
Rajesh Kumar
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 3573 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3573 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:1760 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.7837 of 2025
.... Durga Mahli aged about 24 years son of late Maneger Mahli @ Late Maneger Ram Mahli, resident of village Korekera, PO-Olmunda, PS Sisai, district-Gumla (Jharkhand)
.… Petitioner
Versus
1. The State of Jharkhand through the Principal Secretary, Department of Food, Civil Supplies and Consumer Matters, Government of Jharkhand, PO-Project Bhavan, PS-Jagganathpur, District-Ranchi
2. The Principal Secretary, Department of Food, Civil Supplies and Consumer Matters, Government of Jharkhand, PO-Project Bhavan, PS-Jagganathpur, District-Ranchi
3. The Deputy Commissioner, Gumla, PO, PS, Subdivision & district-Gumla
4. The Sub-divisional Officer, Gumla, PO, PS, Subdivision & district-Gumla
.... Respondents
....
CORAM:
HON’BLE MR. JUSTICE RAJESH KUMAR
For the Petitioner
: Mr. Rajesh Kumar, Adv. For the State
: Mr. Abhijeet Anand, AC to Sr. SC-I
....
02/22.01.2026
1. The present writ petition has been filed for the following relief:-
“For issuance of an appropriate writ (s) orders) / direction(s), upon the concerned respondent to grant License for Fair price shop under Public Distribution System at Village Korekera, P.O Olmunda, P.S. Sisai Dist. Gumla to the petitioner on compassionate ground and execute agreement with the petitioner for the same which earlier existed in the name of his father who died on 08.05.2015. It is further prays that petitioner, being the son of the licensee whose father Late Maneger Mahli @ Late Maneger Ram Mahli who was license holder under Public Distribution System vide License No. 2/1995 and died after almost 20 years of his license, is entitled to a license for a P.D.S shop in terms of the scheme of the state government issued vide letter No. 4799 dated 10/12/1996 as the shop is old one which was run by the father of the petitioner.”
2. Admittedly the father of the petitioner, who was a PDS licensee has died on 08.05.2015.
3.
Learned counsel for the petitioner has relied upon Annexure-2 which is a notification dated 10.12.1996 to the effect that the legal heirs can be granted license on compassionate ground.
4. It is an inheritance. Inheritance is otherwise prohibited but in exceptional case, it is allowed. But compassion has to be shown within time frame. A business
2026:JHHC:1760
2 W.P.(C) No.7837 of 2025
compassion has been sought after ten years and on that ground, this Court finds no reason to entertain the present writ petition.
5. Accordingly, the present writ petition stands dismissed.
(Rajesh Kumar, J.)
22.01.2026 Shahid/ Uploaded on 27.01.2026