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2022 DIGILAW 5 (JHR)

Laxmi Mahila Vikash Sangh v. State of Jharkhand

2022-01-03

RAJESH SHANKAR

body2022
JUDGMENT : RAJESH SHANKAR, J. 1. The case is taken up through Video Conferencing. 2. The present writ petition has been filed for quashing the order as contained in Memo No. 65 dated 20.01.2021 (Annexure-4 to the writ petition) whereby the P.D.S. license of the petitioner has been suspended and the concerned P.D.S. shop has been tagged with another P.D.S. dealer, namely, Munni Lal Prasad having licence No. 21/17. 3. Mr. Ajit Kumar, learned counsel for the petitioner, refers to the supplementary affidavit dated 27.09.2021 filed on behalf of the petitioner, sworn by Janki Devi, who happened to be the President of the petitioner-society on the date of issuance of the impugned order dated 20.01.2021 and submits that during pendency of the present writ petition, the Sub-Divisional Officer, Barhi, Hazaribagh vide letter No. 1085 dated 02.08.2021 while mentioning the fact that since out of the present President, Secretary and Treasurer of the petitioner-society, only one is literate and Janki Devi (Former President), Manju Devi (Former Secretary) and Chandrawati Devi (Former Treasurer) were holding the respective posts on the date of issuance of the order as contained in memo No. 990 dated 05.07.2021 by which the suspension of the P.D.S. shop of the petitioner-society was revoked, has requested the respondent No. 3 to make allotment of the food grains and other articles for the P.D.S. shop in question in their favour. Learned counsel for the petitioner further submits that despite issuance of the letter dated 02.08.2021 by the Sub-Divisional Officer, Barhi, Hazaribagh, the respondent No. 3 has not taken any action in that regard due to which the petitioner-society is still deprived of allotment of the food grains and other articles so as to disburse the same to the beneficiaries. 4. Having heard learned counsel for the parties and keeping in view letter No. 1085 dated 02.08.2021 issued by the Sub-Divisional Officer, Barhi, Hazaribagh to the respondent No. 3, Janki Devi, who represents the petitionersociety in the present writ petition, is given liberty to file a fresh representation seeking allotment of the food grains and other articles in favour of the petitioner-society before the respondent No. 3. On receipt of such representation, the respondent No. 3, after providing due opportunity of hearing to Janki Devi as well as the representative of the present office bearers of the petitioner-society, shall take an appropriate informed decision in this regard within a period of six weeks from the date of filing of the said representation. 5. The present writ petition is accordingly disposed of with the aforesaid liberty and direction.