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2021 DIGILAW 1004 (JHR)

Md. Akhtar Ali v. State of Jharkhand

2021-12-07

RAJESH SHANKAR

body2021
ORDER : 1. At the request of the learned counsel for the petitioners, the description of respondent no. 1 is permitted to be corrected as “The State of Jharkhand through the Secretary, Department of Food, Public Distribution and Consumer Affairs.” 2. Considering the current pandemic situation, office is directed to make necessary correction, as stated above, in the cause title of the writ petition. 3. The present writ petition has been filed for issuance of direction upon the respondent nos. 2 and 3 to adhere to the policy decision contained in resolution dated 27.06.2017 (Annexure-2 to the writ petition) issued by the Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand (the respondent no. 1) whereby existing kerosene vendors working in the year 2016 under the Targeted Public Distribution System (PDS) have been decided to be converted into PDS dealers by issuing new licenses by the licensing authority in terms with Rule 10 (VI) of Jharkhand Targeted Public Distribution (Control) Order, 2017 (in short “the Order, 2017”) without insisting for residential certificates as the petitioners have been the hawkers in the respective areas for more than three decades. 4. Learned counsel for the petitioners submits that the petitioners were granted licenses being License Nos. 73/86, 74/86 and 48/87 respectively under the provisions of Bihar Trade Articles (Licenses Unification) Order, 1984 (in short “the Order, 1984”) to vend/hawk kerosene oil at specified places mentioned in their respective licenses and the same were renewed till 2016. The Government of Jharkhand notified the Order, 2017 for grant of new licenses under the PDS in exercise of the power conferred under clause- 9 of the Targeted Public Distribution (Control) Order, 2015 (in short ”the Order, 2015”). Clause-10(vi) of the Order 2017 provides for grant of new licenses for which an application in Form-1 is required to be made in the office of licensing authority after fulfilling all the conditions prescribed therein. The respondent no. 1 issued resolution dated 27.06.2017 containing policy decision of the State whereby the existing vendors of kerosene oil working under PDS were decided to be converted as PDS dealers by issuing new licenses in terms with Order, 2017. The petitioners filed their respective applications in the required format along with requisite documents as well as character certificates issued by the District Supply Officer of the concerned District. The petitioners filed their respective applications in the required format along with requisite documents as well as character certificates issued by the District Supply Officer of the concerned District. However, no action was taken on their applications for conversion of their licenses in terms with Order, 2017. The petitioners approached the respondents on repeated occasions, but no action was taken by them. The petitioners also represented the concerned Minister vide letter dated 17.10.2017 whereupon they were orally informed by the Deputy Commissioner, Seraikella-Kharsawan (the respondent no. 2) that they were also required to submit their residential certificates of the State of Jharkhand. It is also submitted that there is no such clause in the application under Form No. I or in the policy decision as contained in resolution dated 27.06.2017 regarding submission of the residential certificate of the State of Jharkhand and the respondents arbitrarily put such condition just to deprive the petitioners of getting licences of the PDS shop under the policy of the state government. Hence, the present writ petition. 5. Mr. Rakesh Kumar Sahi, learned AC to SC (L&C)-I appearing on behalf of the respondents, submits that the respondent no. 1 has framed Order, 2017 for grant of licence under PDS and notification of the same was issued vide Memo No. 300 dated 19.01.2017 wherein eligibility for allotment of PDS shop has been described in Clause-9 under Chapter-III. The respondent no. 1, vide resolution as contained in memo no. 2774 dated 27.06.2017, has taken decision that existing kerosene oil vendors working in the year 2016 would be converted into PDS dealers by issuing new licenses in terms with the Order, 2017. In view of the said resolution, the respondent no. 2 issued notices in local newspaper on 10.11.2017 directing the kerosene oil vendors to submit their applications along with all documents for grant of licenses for PDS shop. Pursuant to the said notice, all the interested vendors including the petitioners submitted their respective applications and after verification of the same, all the interested and eligible vendors were granted licenses of PDS dealers but the same were not issued to the petitioners as the residential certificates submitted by the petitioners nos. 1 and 2 were issued by the State of Bihar whereas the petitioner no. 3 submitted photocopy of Aadhar Card instead of residential certificate. 6. 1 and 2 were issued by the State of Bihar whereas the petitioner no. 3 submitted photocopy of Aadhar Card instead of residential certificate. 6. Heard learned counsel for the parties and perused the materials available on record. Admittedly, the petitioners were having licenses as kerosene oil vendors under Order, 1984 and the same were renewed till 2016. In the meantime, the Government of Jharkhand notified Order, 2017 containing provisions for allotment of PDS shops to the applicants. As per clause 2(xx) of the Order, 2017, a person who is the resident of State of Jharkhand and fulfills all the criteria as specified by the State Government for getting ration card, will be considered as “eligible candidate.” Subsequent to coming into force of the Order, 2017, the State Government came out with resolution dated 27.06.2017 in relation to conversion of vendors of kerosene oil to the dealers under PDS. It has been stated in Clause-6 of the said resolution that it is not possible to increase the allotment of kerosene oil to the kerosene oil vendors and thus it was decided that kerosene oil vendors working in the year 2016 under targeted PDS will be converted into the PDS shopkeeper and accordingly licenses would be granted to them. It has been mentioned in Clause-7 of the said resolution that according to departmental resolution no. 1580 dated 06.08.2009, licence of new PDS is to be given only to BPL women/self-help groups and as such the said resolution was relaxed in the matter of conversion of kerosene oil vendors to PDS shop. It has been provided in Clause-8 of the said resolution that the licenses for PDS shop will be issued by the licensing authority to the vendors working in the year 2016 within one month from the date of production of copy of existing/renewed license along with affidavit executed by them and for the said purpose the vendors are required to make available all the documents as specified under the Order, 2017. 7. The respondents have rejected the petitioners’ applications for grant of PDS licenses on the ground that the petitioner nos. 1 and 2 are the residents of the State of Bihar and the petitioner no. 3 did not submit his residential certificate. 7. The respondents have rejected the petitioners’ applications for grant of PDS licenses on the ground that the petitioner nos. 1 and 2 are the residents of the State of Bihar and the petitioner no. 3 did not submit his residential certificate. To justify the impugned decision, the respondents have relied on Clause 2 (xx) of the Order, 2017 which provides the definition of “eligible candidate” clarifying that it means a person who is the resident of State of Jharkhand and fulfills all the criteria as specified by the State Government for getting ration card. 8. The question before this Court is as to whether Clause 2(xx) of the Order, 2017 will also be applicable to the kerosene oil vendors who were running their businesses after getting the respective licenses under the Order, 1984 and decision for conversion of their licenses to the PDS shop has been taken vide resolution dated 27.06.2017? 9. It is evident that resolution dated 27.06.2017 was framed after coming into force of the Order, 2017. The intention of issuing the said resolution has been mentioned inter alia resolving that due to increase of ration cards and decrease in allotment of kerosene oil, presently less quantity of kerosene oil is made available to the vendors for its distribution. As such, the importance of the vendors has minimized and accordingly they are facing financial difficulty. Thus, the vendors association requested either to increase the supply of kerosene oil or to convert those to the PDS shop for their livelihood. Having taken into consideration the aforesaid facts and situation, the government resolved that it was not possible to increase the allotment of kerosene oil to the vendors and thus decided to convert those vendors whose licenses were already renewed till 2016 into the PDS dealers and to issue them new licenses. It was therefore resolved that the licenses for PDS shop would be issued by the licensing authority to the kerosene oil vendors working in the year 2016 within one month from the date of production of copy of existing/renewed license along with affidavit to be executed by them. 10. There is no specific condition in the resolution dated 27.06.2017 that a person, who is resident of the State of Bihar, would not be granted license for the PDS shop. 10. There is no specific condition in the resolution dated 27.06.2017 that a person, who is resident of the State of Bihar, would not be granted license for the PDS shop. The petitioners were already the kerosene oil vendors having licenses under the Order, 1984 which were renewed till 2016 and subsequently considering their situation, the government decided to convert the said vendors to PDS dealers. Hence, the action of the respondents in rejecting the claim of the petitioners on the ground that they are not the residents of State of Jharkhand, appears to be unjustified and arbitrary. This Court is of the view that the condition as mentioned in 2(xx) of the Order, 2017 is not applicable to the petitioners since the decision for granting PDS licenses to the kerosene oil vendors working in the year 2016, has been taken under the special resolution of the government. 11. In view of the aforesaid discussion, the respondent nos. 2 and 3 are directed to forthwith process the petitioners’ applications filed for grant of PDS license in terms with the policy decision of the state government issued vide resolution dated 27.06.2017 without insisting them to produce residential certificates of the State of Jharkhand. 12. The writ petition is, accordingly, allowed.