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2026 DAILYLAW 6231 (JHR)

SANTOSH PASWAN @ SANTOSH KUMAR PASWAN v. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY

WPC/2414/2026 · 2026-04-13

Sri Ananda Sen

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:10563 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.2414 of 2026 ------ Santosh Paswan @ Santosh Kumar Paswan, son of Ramkeshwar Ram, resident of Vikash Nagar Gaushala road, Near Kerla Sister School, P.O. + P.S. Ramgarh, District Ramgarh, Jharkhand. … … Petitioner Versus 1. The State of Jharkhand, through the Chief Secretary, Government of Jharkhand, at Project Building, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi. 2. The Principal Secretary, Department of Distribution and Consumers Affairs, Government of Jharkhand, at Project Building, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi. 3. The Deputy Commissioner at Ramgarh, P.O. & P.S. Ramgarh, District Ramgarh. 4. The District Supply Officer at Ramgarh, P.O. & P.S. Ramgarh, District Ramgarh. 5. The Certificate Officer-cum-District Supply Officer at Ramgarh, P.O. & P.S. Ramgarh, District Ramgarh. 6. The Sub-Divisional Officer at Ramgarh, P.O. & P.S. Ramgarh, District Ramgarh. 7. Block Supply Officer at Ramgarh, P.O. & P.S. Ramgarh, District Ramgarh. … … Respondents ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. S.K. Vishwakarma, Advocate For the Respondent(s): Mrs. Nirupama, AC to Sr. SC-II ------ 02/ 13.04.2026 By filing this writ petition, the petitioner has prayed for the following reliefs:- “I. For issuance of appropriate writ / order / direction and order to set-aside the order vide letter No. 527 dated 25.08.2025, Annexure-1, whereby and where under the respondent No.4 issued letter to the petitioner that under the provision of Jharkhand public distribution system control order 2024, the license No. 1/97 has been rejected with direction to initiate certificate case regarding the recovery of amount value 2026:JHHC:10563 2 of misappropriate grains of the PDS, without asking any show cause from the petitioner which is mandatory provision according the law. II. For issuance of a direction or order to set- aside certificate notice dated 18.12.2025 duly signed on dated 10.12.2025 by the respondent No. 5 as per section 7 of the Bihar Public demand recovery act 1914, within 30 days about the Rs. 8,17,394/- without evaluation of rate of grains which ever may be misappropriate.” 2. Heard learned counsel representing the petitioner and learned counsel representing the respondents. 3. The PDS license of the petitioner was cancelled based on some allegation. The license had been cancelled by the District Supply Officer, Ramgarh, who had got jurisdiction to do so. Further, the said order is appealable before the Deputy Commissioner, Ramgarh. 4. So far as the Certificate Proceeding is concerned, once a notice is issued to the petitioner, the petitioner can approach the Certificate Officer by filing an application denying the liability under Section 9 of “Bihar and Orissa Public Demands Recovery Act, 1914”, which needs to be adjudicated. 4.1. Since the petitioner has got alternative Forums available, I am not inclined to entertain this writ petition, thus I direct the petitioner to approach the appropriate Forum by filing show cause / appropriate petition, which will be considered on its own merits. 4.2. The Certificate Officer will consider the case of the 2026:JHHC:10563 3 petitioner and pass a reasoned order after giving opportunity of hearing to the petitioner. 5. With the aforesaid direction, this writ petition stands disposed of. 6. Pending interlocutory application being I.A. No.2467 of 2026, also stands disposed of. (ANANDA SEN, J.) 13th April, 2026 Prashant. Cp-2 Uploaded on 18.04.2026