Laxmi Sakhi Mandal Balhra, represented by its Secretary Asha Verma v. State of Jharkhand
2025-04-08
DEEPAK ROSHAN
body2025
DigiLaw.ai
JUDGMENT : DEEPAK ROSHAN, J. Heard learned counsel for the parties. 2. Since the issue involved in all these writ applications are common; as such, all were heard together with consent of the parties and being disposed of by this common order. For brevity, the prayer made in the respective writ applications are extracted hereinbelow: - W.P.(S) No. 6001 of 2022 (a) For issuance of appropriate writ(s)/ order(s)/, direction(s) quashing the orders as contained in Misc. Case No. 55/2022 dated 21.09.2022, Misc. Case Nos. 52/2022, 43/2022, 74/2022, 54/2022, 34/2022 all dated 22.09.2022, Misc. Case No. 61/2022 dated 21.09.2022, Misc. Case Nos. 40/2022, 73/2022, 86/2022, 41/2022, 66/2022, 84/2022, 76/2022, 83/2022 all dated 22.09.2022, Misc. Case No. 59/2022 dated 21.09.2022, Misc. Case Nos. 65/2022 dated 22.09.2022, which form the table at para 16 of this writ petition (Annexure - 8 series) whereby the licences issued to the petitioners for running the PDS Shops have been cancelled. (b) For issuance of further appropriate writ(s)/order(s)/, direction(s) directing the respondents-authorities to allow the petitioners to continue with the PDS licences which were granted to them as contained in Annexure - 1 series. (c) Any other relief or reliefs as Your Lordships may deem fit and proper for which the petitioners are very much entitled under the facts and circumstances of the case and in the interest of justice. W.P.(S) No. 5477 of 2022 (a) For issuance of appropriate writ/writs order/orders, direction/directions for setting aside / quashing the order no.983 dated 01.04.2022 (Annx-6) as well as memo no. 2388 (Petitioner no. 1), memo no. 2401 (Petitioner no. -2) memo no. 2395 (Petitioner no. -3), dated 24.09.2022 (Annx-9) issued under the signature of Under Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, and The District Supply Officer, Giridih, (Resp. no 5 whereby and where-under, the respondents without adherence to the procedures/rules prescribed under the concerned control order, direction has been made to the District Supply Officer, Giridih to ensure cancellation of the TDPS Licenses of the petitioner. AND For restraining the respondents from taking an arbitrary/unwarranted action against the petitioners pursuant to the show cause notice (served to same to the petitioners) whereby and whereunder the petitioners was ought to provide an explanation within stipulated periods respectively, failing which, steps shall be taken for cancellation of their respective licenses.
AND For restraining the respondents from taking an arbitrary/unwarranted action against the petitioners pursuant to the show cause notice (served to same to the petitioners) whereby and whereunder the petitioners was ought to provide an explanation within stipulated periods respectively, failing which, steps shall be taken for cancellation of their respective licenses. AND Further direction upon the Respondents to comply the mandate as provided in the Control order 2017, as till date petitioners has provided with EPOS machines and also receive the allotment order for distribution in-spite of being granted the PDS License, which in deed portrays the Respondents towards effective supply of the essential commodities. W.P.(C) 5490 of 2022 For issuance of appropriate writ/writs order/orders, direction/directions for setting aside / quashing the order no.983 dated 01.04.2022 (Annx-6) as well as memo no. 2320 (Petitioner no. 1), memo no. 2325 (Petitioner no. 2) memo no. 2310 (Petitioner no -3), dated 22.09.2022 (Annx-9) issued under the signature of Under Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, and The District Supply Officer, Giridih, (Resp. no 5 whereby and where-under the respondents without adherence to the procedures/rules prescribed under the concerned control order, direction has been made to the District Supply Officer, Giridih to ensure cancellation of the TDPS Licenses of the petitioners. AND For restraining the respondents from taking an arbitrary/unwarranted action against the petitioners pursuant to the show cause notice (served to same to the petitioners) Annx-7 whereby and whereunder the petitioners was ought to provide an explanation within stipulated periods respectively, failing which, steps shall be taken for cancellation of their respective licenses. AND Further direction upon the Respondents to comply the mandate as provided in the Control order 2017, as till date petitioners has provided with EPOS machines and also receive the allotment order for distribution in-spite of being granted the PDS License, which in deed portrays the Respondents towards effective supply of the essential. W.P.(C) No. 5514 of 2022 For issuance of appropriate writ/writs order/orders, direction/directions for setting aside / quashing the order no.983 dated 01.04.2022 (Annx-6) as well as memo no. 2399 (Petitioner no. 1), memo no 2397 (Petitioner no. -2), memo no. 2387 (Petitioner no. -3) memo no2393 (Petitioner no. -4) and memo no.
W.P.(C) No. 5514 of 2022 For issuance of appropriate writ/writs order/orders, direction/directions for setting aside / quashing the order no.983 dated 01.04.2022 (Annx-6) as well as memo no. 2399 (Petitioner no. 1), memo no 2397 (Petitioner no. -2), memo no. 2387 (Petitioner no. -3) memo no2393 (Petitioner no. -4) and memo no. 2386 (Petitioner no.-5) dated 24/09/2022, (Annx-9) issued under the signature of Under Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, and The District Supply Officer, Giridih, (Resp. no 5 & 6) whereby and where-under, the respondents without adherence to the procedures/rules prescribed under the concerned control order, direction has been made to the District Supply Officer, Giridih to ensure cancellation of the TDPS Licenses of the petitioners. AND For restraining the respondents from taking an arbitrary/unwarranted action against the petitioners pursuant to the show cause notice (served to same to the petitioners) Annx-7 whereby and whereunder the petitioners was ought to provide an explanation within stipulated periods respectively, failing which, steps shall be taken for cancellation of their respective licenses. AND Further direction upon the Respondents to comply the mandate as provided in the Control order 2017, as till date petitioners has provided with EPOS machines and also receive the allotment order for distribution in-spite of being granted the PDS License, which in deed portrays the Respondents towards effective supply of the essential commodities. W.P.(C) No. 5626 of 2022 For issuance of a writ in the nature of certiorari quashing the order of cancellation of PDS licenses of the petitioners issued vide memos dated 23.09.2022 (Annexure-10 Series) under the pen and signature of the Licensing Officer-cum- District Supply Officer, Giridih whereby and whereunder a decision has been taken to cancel the PDS licenses granted to the petitioners on the basis that the said licenses have been issued in contravention of Rule 10 (V) and (VII) of the Jharkhand Lakshit Jan Vitran Pranali (Niyantran) Aadesh, 2019 in view of the fact that the same has been issued by relying upon certain issues which have not been raised by the respondents in the earlier issued show causes and because of which the petitioners did not get adequate opportunity of hearing and are as such liable to be quashed on the ground of principles of natural justice. ii. In the interim, to stay the execution, implementation and operation of the memos dated 23.09.2022 (Annexure-10 Series).
ii. In the interim, to stay the execution, implementation and operation of the memos dated 23.09.2022 (Annexure-10 Series). W.P.(C) No. 5476 of 22 For issuance of appropriate writ/writs order/orders, direction/directions for setting aside / quashing the order no.983 dated 01.04.2022 (Annx-6) as well as memo no. 2434 (Petitioners no. 1), memo no. 2432 (Petitioners no. -2) dated 28/09/2022, (Annx-9) issued under the signature of Under Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, and The District Supply Officer, Giridih, (Resp. no 5 whereby and where-under, the respondents without adherence to the procedures/rules prescribed under the concerned control order, direction has been made to the District Supply Officer, Giridih to ensure cancellation of the TDPS Licenses of the petitioners. For restraining the respondents from taking an arbitrary/unwarranted action against the petitioners pursuant to the show cause notice (served to same to the petitioners) whereby and whereunder the petitioners was ought to provide an explanations within stipulated periods respectively, failing which, steps shall be taken for cancellation of their respective licenses. AND Further direction upon the Respondents to comply the mandate as provided in the Control order 2017, as till date petitioners has provided with EPOS machines and also receive the allotment order for distribution in-spite of being granted the PDS License, which in deed portrays the Respondents towards effective supply of the essential commodities. W.P.(C) No. 5474 of 22 For issuance of appropriate writ/writs order/orders, direction/directions for setting aside / quashing the order no.983 dated 01.04.2022 (Annx-6) as well as memo no.2319 (Petitioner no.1), memo no. 2317 (Petitioner no.2), memo no. 2326 (Petitioner No.3), memo no 2284 (Petitioner no.4), memo no 2280 (Petitioner no.5) dated 22.09.2022 and 21/09/2022 (Annx-9) issued under the signature of Under Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand and The District Supply Officer, Giridih, (Resp. no 5 whereby and where-under, the respondents without adherence to the procedures/rules prescribed under the concerned control order, direction has been made to the District Supply Officer, Giridih to ensure cancellation of the TDPS Licenses of the petitioner. AND For restraining the respondents from taking an arbitrary/unwarranted action against the petitioners pursuant to the show cause notice (served to same to the petitioners) whereby and whereunder the petitioners was ought to provide an explanations within stipulated periods respectively, failing which, steps shall be taken for cancellation of their respective licenses.
AND For restraining the respondents from taking an arbitrary/unwarranted action against the petitioners pursuant to the show cause notice (served to same to the petitioners) whereby and whereunder the petitioners was ought to provide an explanations within stipulated periods respectively, failing which, steps shall be taken for cancellation of their respective licenses. AND Further direction upon the Respondents to comply the mandate as provided in the Control order 2017, as till date petitioners has provided with EPOS machines and also receive the allotment order for distribution in-spite of being granted the PDS License, which in deed portrays the Respondents towards effective supply of the essential commodities. W.P.(C) No. 5473 of 22 For issuance of appropriate writ/writs order/orders, direction/directions for setting aside / quashing the order no.983 dated 01.04.2022 (Annx-6) as well as memo no. 2214 (Petitioner no.1), memo no 2205 (Petitioners no. -2) dated 19/09/2022, memo no. 2390 (Petitioner no-3) and memo no 2391 (Petitioner no. 4) dated 24/09/2022, (Annx-9) issued under the signature of Under Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, and The District Supply Officer, Giridih, (Resp. no 5 & 6) whereby and where-under the respondents without adherence to the procedures/rules prescribed under the concerned control order, direction has been made to the District Supply Officer, Giridih to ensure cancellation of the TDPS Licenses of the petitioners. AND For restraining the respondents from taking an arbitrary/unwarranted action against the petitioners pursuant to the show cause notice (served to same to the petitioners) Annx-7 whereby and whereunder the petitioners was ought to provide an explanations within stipulated periods respectively, failing which, steps shall be taken for cancellation of their respective licenses. AND Further direction upon the Respondents to comply the mandate as provided in the Control order 2017, as till date petitioners has provided with EPOS machines and also receive the allotment order for distribution in-spite of being granted the PDS License, which in deed portrays the Respondents towards effective supply of the essential commodities.
AND Further direction upon the Respondents to comply the mandate as provided in the Control order 2017, as till date petitioners has provided with EPOS machines and also receive the allotment order for distribution in-spite of being granted the PDS License, which in deed portrays the Respondents towards effective supply of the essential commodities. W.P.(C) No. 5429 of 22 That the Petitioners by way of the instant Writ Petition most humbly and respectfully solicits your Lordships kind indulgence for following reliefs- I. For issuance of appropriate writ/writs, order/orders, direction/directions, Writ in the nature of Mandamus and direct the respondent authorities to bring on record the entire documents pertaining to the proceeding initiated against the petitioners whereby and where-under their respective PDS licenses had been cancelled after influenced/prejudiced by their earlier letter having dated 01/04/2022 issued by the Department of Food, Public Distribution and Consumer Affairs (Annx-5 to the main writ petition) and further restrain them from giving effect to the said order of PDS cancellation as annexed as Annexure 9 series of the instant Interlocutory application till pendency to the writ petition. AND II. For issuance of appropriate writ(s), order(s), direction(s) to set aside the respective Orders (ANNX-9 SERIES) passed by the District Supply officer -cum- Licensing Officer Giridih, , Respondent no.5, which are as follows:- a. Order contained in memo no. dated 20/09/2022 passed in Case no.170/2022 for cancellation of PDS license no.13/2020 of Petitioner no.1. b. Order contained in memo no. 2268 dated 21/09/2022 passed in Case no.182/2022 for cancellation of PDS license no.23/2020 of Petitioner ?? 2. ?. Order contained in memo no. 2240 dated 20/09/2022 passed in Case no.163/2022 for cancellation of PDS license no.05/2020 of Petitioner no.3. d. Order contained in memo no. 2371 dated 24/09/2022 passed in Case no.122/2022 for cancellation of PDS license no.08/2020 Petitioner no.4. e. Order contained in memo no 2177 dated 16/09/2022 passed in Case no.196/2022 for cancellation of PDS license no.6/2020 of Petitioner no.5. f. Order contained in memo no. 2274 dated 21/09/2022 passed in Case no.185/2022 for cancellation of PDS license no.28/2020 of Petitioner no.6 g. Order contained in memo no. 2285 dated 21/09/2022 passed in Case no.57/2022 for cancellation of PDS license no.22/2020 of Petitioner no.7 h. Order contained in memo no. 2333 dated 22/09/2022 passed in Case no.51/2022 for cancellation of PDS license no.21/2020 of Petitioner no.8 i. Order contained in memo no.
2285 dated 21/09/2022 passed in Case no.57/2022 for cancellation of PDS license no.22/2020 of Petitioner no.7 h. Order contained in memo no. 2333 dated 22/09/2022 passed in Case no.51/2022 for cancellation of PDS license no.21/2020 of Petitioner no.8 i. Order contained in memo no. 2327 dated 22/09/2022 passed in Case no.36/2022 for cancellation of PDS license no.11/2020 of Petitioner no.9 j. Order contained in memo no. 2178 dated 16/09/2022 passed in Case no.195/2022 license for cancellation no.11/2020 of PDS Petitioner k. Order contained in memo no. 2245 dated 20/09/2022 passed in Case no.169/2022 for cancellation of PDS license no.27/2020 of Petitioner no. 11 l. Order contained in memo no. 2308 dated 22/09/2022 passed in Case no.69/2022 for cancellation of PDS license no.42/2020 of Petitioner no.12. m. Order contained in memo no. 2331 dated 22/09/2022 passed in Case no.53/2022 for cancellation of PDS license no.57/2020 of Petitioner no.13. n. Order contained in memo no. 2301 dated 22/09/2022 passed in Case no.68/2022 for cancellation of license No. 46/2020 of Petitioner n?.14 o. Order contained in memo no. 2118 dated 15/09/2022 passed in Case no.02/2020 for cancellation of PDS license no.02/2020 Petitioner no.15. p. Order contained in memo no. 2266 dated 21/09/2022 passed in Case no.176/2022 for cancellation of PDS license no. no.11/2020 of Petitioner no.16 q. Order contained in memo no. 2278 dated 21/09/2022 passed in Case No.56/2022 for cancellation of PDS license no.23/2020 of Petitioner no.17. r. Order contained in memo no. 2324 dated 22/09/2022 passed in Case no.35/2022 for cancellation of PDS license no.13/2020 of Petitioner no.18. AND / OR Pass such other order/ Orders as Your Lordships may deem fit in the interest of Justice, Equity and Good Conscience. W.P.(C) No. 5428 of 2022 I. For Issuance of appropriate writ/writs, order/orders, direction/directions, Writ in the nature of Mandamus and direct the respondent authorities to bring on record the entire documents pertaining to the proceeding initiated against the petitioners whereby and where-under their respective PDS licenses had been cancelled after having influenced/prejudiced by their earlier letter dated 01/04/2022 issued by the Department of Food, Public Distribution and consumer Affairs (Annx-5 to the main writ petition) and further restrain them from giving effect to the said order of PDS cancellation as annexed as annexure 9 series of the instant Interlocutory application till pendency to the present writ petition. AND II.
AND II. For issuance of appropriate writ(s), order(s), direction(s) to set aside the respective Orders (ANNX-9 SERIES) passed by the District Supply officer-cum- Licensing Officer, Giridih, Respondent no.5, which are as follows:- a. Order contained in memo no. 2392 dated 24/09/2022 passed in Case no.147/2022 for cancellation of PDS license no.30/2020 of Petitioner no.1. b. Order contained in memo no. 2175 dated 16/09/2022 passed in Case no.194/2022 for cancellation of PDS license no.07/2020 of Petitioner no 2. c. Order contained in memo no. 2176 dated 16/09/2022 passed in Case no.198/2022 for cancellation of PDS license no.04/2020 of Petitioner no.3. d. Order contained in memo no. 2239 dated 20/09/2022 passed in Case no.162/2022 for cancellation of PDS license no.25/2020 of Petitioner no.4. e. Order contained in memo no. 2138 dated 15/09/2022 passed in Case no.20/2022 for cancellation of PDS license no. 26/2020 of Petitioner no.5. f. Order contained in memo no. 2179 dated 16/09/2022 passed in Case no.197/2022 for cancellation of PDS license no.05/2020 of Petitioner no.6 g. Order contained in memo no. 2435 dated 28/09/2022 passed in Case no.118/2022 for cancellation of PDS license no.07/2020 of Petitioner no.7 h. Order contained in memo no. 2433 dated 28/09/2022 passed in Case no.120/2022 for cancellation of PDS license no.04/2020 of Petitioner no.8 i. Order contained in memo no. 2289 dated 22/09/2022 passed in Case no.89/2022 for cancellation of PDS license no.60/2020 of Petitioner no.9 j. Order contained in memo no. 2166 dated 16/09/2022 passed in Case no. 29/2022 for cancellation of PDS license no.14/2020 of Petitioner no.10. k. Order contained in memo no. 2136 dated 15/09/2022 passed in Case no.18/2022 for cancellation of PDS license no.38/2020 of Petitioner no.11. 1. Order contained in memo no. 2131 dated 15/09/2022 passed in Case no.15/2022 for cancellation of PDS license no. 37/2020 of Petitioner no.12. m. Order contained in memo no. 2133 dated 15/09/2022 passed in Case no.192/2022 for cancellation of PDS license no.09/2020 of Petitioner no.13. n. Order contained in memo no. 2127 dated 15/09/2022 passed in Case no.11/2022 for cancellation of PDS license 12/2020 of Petitioner no.14. o. Order contained in memo no. 2128 dated 15/09/2022 passed in Case n?-12/2022 for cancellation of PDS license no. 27/2020 of Petitioner no.15. p. Order contained in memo no. 2256 dated 20/09/2022 passed in Case no.179/2022 for cancellation of PDS license no. 04/2020 of Petitioner no.16. q. Order contained in memo no.
o. Order contained in memo no. 2128 dated 15/09/2022 passed in Case n?-12/2022 for cancellation of PDS license no. 27/2020 of Petitioner no.15. p. Order contained in memo no. 2256 dated 20/09/2022 passed in Case no.179/2022 for cancellation of PDS license no. 04/2020 of Petitioner no.16. q. Order contained in memo no. 2381 dated 24/09/2022 passed in Case no.155/2022 for cancellation of PDS license n?. 13/2020 of Petitioner no.17. r. Order contained in memo no. 2117 dated 15/09/2022 passed in Case no.01/2022 for cancellation of PDS license no. 01/2020 of Petitioner no.18. s. Order contained in memo no. 2389 dated 24/09/2022 passed in Case no.153/2022 for cancellation of PDS license no. 20/2020 of Petitioner no.19. t. Order contained in memo n?. 2183 dated 16/09/2022 passed in Case no.202/2022 for cancellation of PDS license no. 07/2020 of Petitioner no.20. u. Order contained in memo no. 2377 dated 24/09/2022 passed in Case no.136/2022 for cancellation of PDS license no. 29/2020 of Petitioner no.21. v. Order contained in memo no. 2182 dated 16/09/2022 passed in Case no.199/2022 for cancellation of PDS license no. 04/2020 of Petitioner no.22. w. Order contained in memo no. 2306 dated 29/09/2022 passed in Case no.72/2022 for cancellation of PDS license no. 48/2020 of Petitioner no.23. x. Order contained in memo no. 2315 dated 22/09/2022 passed in Case no. 48/2022 for cancellation of PDS license no. 36/2020 of of PDS Petitioner no.24 y. Order contained in memo no. 2291 dated 22/09/2022 passed in Case no.88/2022 for cancellation of PDS license no. 49/2020 of Petitioner no.25. z. Order contained in memo no. 2313 dated 22/09/2022 passed in Case no.46/2022 for cancellation of PDS license no. 29/2020 of Petitioner no.26 W.P.(C) No. 5426 of 2022 I. For Issuance of appropriate writ/writs, order/orders, direction/directions, writ in the nature of Mandamus and direct the respondent authorities to bring on record the entire documents pertaining to the proceeding initiated against the petitioners whereby and where-under their respective PDS licenses had been cancelled after having influenced/prejudiced by their earlier letter dated 01/04/2022 issued by the Department of Food, Public Distribution and consumer Affairs (Annx-5 to the main writ petition) and further restrain them from giving effect to the said order of PDS cancellation as annexed as annexure 9 series of the instant Interlocutory application till pendency to the present writ petition. AND II.
AND II. For issuance of appropriate writ(s), order(s), direction(s) to set aside the respective Orders (ANNX-9 SERIES) passed by the District Supply officer-cum- Licensing Officer, Giridih, Respondent no.5, which are as follows:- a. Order contained in memo no. 2266 dated 21/09/2022 passed in Case no.176/2022 for cancellation of PDS license 11/2020 of Petitioner no.1. b. Order contained in memo no. 2202 dated 19/09/2022 passed in Case no.105/2022 for cancellation of PDS license no.05/2020 of Petitioner no 2. c. Order contained in memo no. 2218 dated 19/09/2022 passed in Case no.100/2022 for cancellation of PDS license no.17/2020 of Petitioner no.3. d. Order contained in memo no. 2210 dated 19/09/2022 passed in Case no.95/2022 for cancellation of PDS license no.21/2020 of Petitioner no.4. e. Order contained in memo no. 2216 dated 19/09/2022 passed in Case no.94/2022 for cancellation of PDS license no.14/2020 of Petitioner no.5. f. Order contained in memo no. 2217 dated 19/09/2022 passed in Case no.107/2022 for cancellation of PDS license no.20/2020 of Petitioner no.6 g. Order contained in memo no. 2212 dated 19/09/2022 passed in Case no.98/2022 for cancellation of PDS license no.13/2020 of Petitioner no.7 h. Order contained in memo no. 2206 dated 19/09/2022 passed in Case no.110/2022 for cancellation of PDS license no.09/2020 of Petitioner no.8 i. Order contained in memo no. 2213 dated 19/09/2022 passed in Case no.91/2022 for cancellation of PDS license no.23/2020 of Petitioner no.9 j. Order contained in memo no. 2207 dated 19/09/2022 passed in Case no.111/2022 for cancellation of PDS license no.18/2020 of Petitioner no.10. k. Order contained in memo no. 2367 dated 24/09/2022 passed in Case no.123/2022 for cancellation of PDS license no.06/2020 of Petitioner no.11 l. Order contained in memo no. 2236 dated 20/09/2022 passed in Case no.113/2022 for cancellation of PDS license no. 12/2020 of Petitioner no.12. m. Order contained in memo no. 2314 dated 22/09/2022 passed in Case no.47/2022 for cancellation of PDS license no. 14/2020 of Petitioner no.13. n. Order contained in memo no. 2200 dated 19/09/2022 passed in Case no.103/2022 for cancellation of PDS license no. 04/2020 of Petitioner no.14. o. Order contained in memo no. 2373 dated 24/09/2022 passed in Case no.129/2022 for cancellation of PDS license no. 03/2020 of Petitioner no.15. p. Order contained in memo no. 2370 dated 24/09/2022 passed in Case no.124/2022 for cancellation of PDS license no. 07/2020 of Petitioner no.16. q. Order contained in memo no.
04/2020 of Petitioner no.14. o. Order contained in memo no. 2373 dated 24/09/2022 passed in Case no.129/2022 for cancellation of PDS license no. 03/2020 of Petitioner no.15. p. Order contained in memo no. 2370 dated 24/09/2022 passed in Case no.124/2022 for cancellation of PDS license no. 07/2020 of Petitioner no.16. q. Order contained in memo no. 2366 dated 24/09/2022 passed in Case no.127/2022 for cancellation of PDS license no. 10/2020 of Petitioner no.17. r. Order contained in memo no. 2215 dated 19/09/2022 passed in Case no.93/2022 for cancellation of PDS license no. 10/2020 of Petitioner no.18. W.P.(C) No. 3256 of 2022 For Issuance of appropriate writ/writs, order/orders, direction/directions for setting aside / quashing the Order no. 983 dated 01/04/2022 (Annx-5) issued under the signature of Under Secretary, Department of Food public Distribution and consumer affairs, Government of Jharkhand, whereby and where-under, the Respondent without adherence to the procedures/rules prescribed under the concerned control order, direction has been made to the District Supply Officer, Giridih to ensure cancellation of the TDPS Licenses of the petitioners. AND For restraining the Respondents from taking an arbitrary/unwarranted action against the petitioners pursuant to the show cause notices (served to some to the petitioners) (Annx-6 Series), whereby and where-under the petitioners were ought to provide an explanation within stipulated periods respectively, failing which, steps shall be taken for cancellation of their respective licenses. AND Further direction upon the Respondents to comply the mandate as provided in the Control order 2017, as till date several petitioners are yet to be provided with the EPOS machines and also several petitioners are yet to receive the allotment order for distribution in-spite of being granted the PDS License, which in deed portrays approach of the lackadaisical approach of the Respondents towards effective supply of essential commodities. AND/OR 1.A. For issuance of appropriate writ in the nature of mandamus and direct the respondent authorities to bring on record the entire document pertaining to the proceeding initiated against the petitioners whereby and where under their respective PDS licenses had been cancelled after having influenced/prejudiced by their earlier impugned letter dated 01/04/22 issued by the Department of food Distribution and Consumer Affair (Anx-5 to the writ Petition) and further restrain them from giving effect to the said orders of PDS cancellation as Annexure 9 series of the instant Interlocutory application till pendency to the present writ petition.
AND For issuance of appropriate writ(s), order(s), direction(s) to set aside the respective orders (Annexure - 9 series) passed by the District supply officer-cum-Licensing officers, Giridih Respondent No. 5, which are as follows: (a) order contained in memo no. 2254 dated 20/9/22 passed in case no.177/2022 for cancellation of PDS License no. 14/2020 of the Petitioner no. 1 b) order contained in memo no. 2255 dated 20.09.22 passed in case no.-178/2022 for Cancellation of PDS License no. 06/2020 of petitioner no. 2. (C) order contained in memo no. 2265 dated 21.09.2022 passed in case no.180/2022 for Cancellation of PDS License of the petitioner no. 3 (d) order contained in memo no.. 2171 dt. 16.09.22 passed in case no. - 27/22 for cancellation of PDS License no. 30/2020 of the petitioner no. 4. (e) order contained in memo no. 2288 dt. 22.09.22 passed in case no.90/2022 for cancellation of PDS License no.61/2020 of Petitioner no. 5. (f) order contained in memo no. 2237 dt. 20-09-22 passed in case no.99/2022 for cancellation of PDS License no. 19/2020 of Petitioner no. -6 (g) Order Contained in memo no. 2316 dt. 22.09.22 passed in Case no.45/2022 for cancellation of PDS License no. 10/2020 of the petitioner no. 7 (h) order contained in memo no. 2181 dt. 16-09-22 passed in case no.200/2022 for Cancellation of PDS License no. 09/2020 of petitioner no. 8. (i) Order Contained in memo no. 2252 dt. 20.09.2022 parsed in case no.183/2022 for Cancellation of PDS License no-07/2020 of the petitioner no.9 (j) order contained in memo no.2137 dt. 15/09/2022 passed in case no.19/2022 for cancellation of PDS License no. 36/2020 of Petitioner no.10. (k) order contained in memo no. 2211 dt. 19/09/2022 passed in Case no.97/2022 for cancellation of PDS License no. 16/2020 of petitioner no.11 (l) order contained in memo no. 2120 dt. 15/09/2022 Passed in case no-04/2022 for Cancellation of PDS License no-35/2020 of Petitioner no. 12. (m) Order contained in memo no. 2173 dt. 16/09/2022 passed in Case no.13/2022 for cancellation of PDS Licence no. 23/2020 of Petitioner no. 13. (n) order contained in memo no. 2130 dt- 15/09/2022 passed in case no.14/2022 for cancellation of PDS License No. 24/2020 of petitioner no-14 (o) order contained in memo no. 2122 dt. 15/09/2022 passed in case no.06/2022 for cancellation of PDS License no.19/2020 of petitioner no. 15. (p) order contained in memo no. 2161 dt.
23/2020 of Petitioner no. 13. (n) order contained in memo no. 2130 dt- 15/09/2022 passed in case no.14/2022 for cancellation of PDS License No. 24/2020 of petitioner no-14 (o) order contained in memo no. 2122 dt. 15/09/2022 passed in case no.06/2022 for cancellation of PDS License no.19/2020 of petitioner no. 15. (p) order contained in memo no. 2161 dt. 15/09/2022 passed in case no.21/2022 for cancellation of PDS License no. 22/2020 of petitioner no-16. (q) order contained in memo no. 2161 dt 16.09.2022 passed in case no.24/22 for cancellation of PDS License no. 21/2020 of petitioner no. 17. (r) order contained in memo no.2126 dt. 15.09.2022 passed in case no.10/2022 for cancellation of PDS License no. 20/2020 of petitioner no. 18. (s) order contained in memo no. 2168 dt. 16.09.2022 passed in case no.31/2022 for cancellation of PDS License no. 16/2020 of petitioner no. 19 (t) order contained in memo no 2167 dt. 16.09.2022 passed in case no.30/2022 for cancellation of PDS License no-13/2020 of petitioner no. 20. W.P.(C) No. 5478 of 2022 For issuance of appropriate writ/writs order/orders, direction/directions for setting aside / quashing the order no.983 dated 01.04.2022 (Annx-6) as well as memo no. 2248 dated 20.09.2022 (Annx-9) issued under the signature of Under Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, and The District Supply Officer, Giridih, (Resp. no 5 whereby and where-under, the respondents without adherence to the procedures/rules prescribed under the concerned control order, direction has been made to the District Supply Officer, Giridih to ensure cancellation of the TDPS Licenses of the petitioner. AND For restraining the respondents from taking an arbitrary/unwarranted action against the petitioner pursuant to the show cause notice (served to same to the petitioner) Annx-7 whereby and whereunder the petitioner was ought to provide an explanations within stipulated periods respectively, failing which, steps shall be taken for cancellation of their respective licenses. AND Further direction upon the Respondents to comply the mandate as provided in the Control order 2017, as till date petitioner has provided with EPOS machines and also receive the allotment order for distribution in-spite of being granted the PDS License, which in deed portrays the Respondents towards effective supply of the essential commodities. 3.
AND Further direction upon the Respondents to comply the mandate as provided in the Control order 2017, as till date petitioner has provided with EPOS machines and also receive the allotment order for distribution in-spite of being granted the PDS License, which in deed portrays the Respondents towards effective supply of the essential commodities. 3. As stated hereinabove, the issue in all these writ applications is common and even the grievance of the respective petitioners is same and similar; however, for brevity, the facts of W.P.(C) No. 6601 of 2022 is referred herein below. 4. Pursuant to an advertisement as contained in letter No.1427/A, dated 23.06.2018, the Petitioners applied for and were granted dealership for Public Distribution System. However, they were issued separate show-cause notices that they have not been granted the licenses as per the provisions laid down under the Jharkhand Targeted Public Distribution System (Control) Order, 2019. The Petitioners replied to the show cause, thereafter second show-cause was issued on the ground that the reply to the previous show-cause was not acceptable. The petitioners again replied to the same, thereafter the concerned respondent had issued a notice for hearing stating therein that the reply to the second show-cause also did not disclose any new fact and directed the petitioners to appear before the Deputy Commissioner, Giridih with all the documents. Being aggrieved thereby, the petitioners preferred writ petitions being W.P. (S) No. 1883 of 2022 and W.P. (S) No. 2413 of 2022 which was disposed of by directing the concerned authorities to take a decision. 5 Finally, without disclosing any default or violation on the part of the Petitioners their licenses were cancelled solely on the ground that the Jharkhand Targeted Public Distribution System (Control) Order, 2019 came into force on 07.03.2019 and, therefore, their appointment could not have been made under the Jharkhand Targeted Public Distribution System (Control) Orders, 2017. 6. It has been submitted by learned Counsels representing the respective petitioners that it is a settled principle of law that the rules of business cannot be changed in the process of selection.
6. It has been submitted by learned Counsels representing the respective petitioners that it is a settled principle of law that the rules of business cannot be changed in the process of selection. So far as the Petitioners are concerned; their selection process started through an advertisement as contained in letter No.1427/A dated 23.06.2018 and at the time of issuance of advertisement, the Jharkhand Targeted Public Distribution (Control) Order, 2017 was in vogue and accordingly, the selection process was made under the said Order and the said selection process was completed in the year 2022 and the licenses were issued to the Petitioners. Barely because during the pendency of the selection process, the Government of Jharkhand had framed Targeted Public Distribution System (Control) Order, 2019, which came into force with effect from 07.03.2019, that cannot be a basis to cancel the selection process of the Petitioners. It has been further submitted that the e-POS machines were asked for by letter no. 3274/aao dated 02.11.2020 from the office of the DSO, Giridih and the same requisition was dispatched by way of the letter dated 18.06.2021. In the same letter, it has been clearly mentioned that these licensees received their dealership pursuant to an advertisement as contained in letter No.1427/A dated 23.06.2018 issued under the Jharkhand Targeted Public Distribution (Control) Order, 2017, which has been mis-interpreted as being issued in 2020 and thus falling under the 2019 Order. 7. Per contra, it has been contended by learned counsels representing the State respondents that the Petitioner No. 1 had submitted its challan for prescribed fees in the year 2020, against which license was granted on 18.07.2020 being license no. 34/2020 under the Jharkhand Targeted Public Distribution System (Control) Order, 2017 but from perusal of paragraph 10(VIII) of Jharkhand Targeted Public Distribution System (Control) Order, 2017, the Treasury challan of required license fee should have been submitted along with application before the competent authority. Thus, it is in contravention of Jharkhand Targeted Public Distribution System (Control) Order, 2017 because Jharkhand Targeted Public Distribution System (Control) Order, 2019 deleted (wilopit) the Order, 2017 making the earlier notification non est in the eye of law. It has also been argued by the Respondent-State that vide department order no.
Thus, it is in contravention of Jharkhand Targeted Public Distribution System (Control) Order, 2017 because Jharkhand Targeted Public Distribution System (Control) Order, 2019 deleted (wilopit) the Order, 2017 making the earlier notification non est in the eye of law. It has also been argued by the Respondent-State that vide department order no. 2612 dated 08.10.2021, a three- member committee was constituted to enquire into irregularities committed by the then District Supply Officer, Giridih under the chairmanship of Director, Food and Consumer Affairs, Jharkhand who verified the records and came to the conclusion that total 478 licenses were issued; however, 216 new licenses out of them were irregular and submitted its report. After perusing the same, the Under Secretary issued a letter to District Supply Officer, Giridih directing therein to ensure cancellation of said 208 licenses out of 216 licenses in the light of Rule 2 (xiii) of Jharkhand Targeted Public Distribution System (Control) Order, 2017. On the basis of Official letter and as per order passed by this Court in W.P.(C). No. 1883/2022 with I.A. No. 4115/2022, the Respondent No. 5 District Supply Officer, Giridih initiated a Misc. Case No. 55/2022 and after issuing Show Cause notice to the Petitioners and hearing them passed order on 21.09.2022 and issued the same vide Memo No. 2277. Thus, it is incorrect to allege that the steps of answering Respondents are arbitrary and illegal. 8. Having heard learned counsel for the rival parties and after going through the respective affidavits and the documents annexed therein it appears that the Respondent authorities vide memo no. 1427/A dated 23.06.2018 advertised for inviting applications to grant 478 PDS license at Block Level in Giridih District for which the respective Petitioners applied for and were granted dealership in the year 2020. Thereafter, the licenses of the Petitioners were cancelled on the ground that the Jharkhand Targeted Public Distribution System (Control) Order, 2019 came into force on 07.03.2019 and therefore the appointment of the Petitioners could not have been made under the Jharkhand Targeted Public Distribution System (Control) Order,2017. 9. It is a settled principle of law that the rules of the game; meaning thereby, the criteria for selection cannot be altered by the authorities concerned in the middle or after the process of selection has commenced as observed by Hon’ble Apex Court in Maharashtra SRTC versus Rajendra Bhimrao Mandve, (2001) 10 SCC 51 .
9. It is a settled principle of law that the rules of the game; meaning thereby, the criteria for selection cannot be altered by the authorities concerned in the middle or after the process of selection has commenced as observed by Hon’ble Apex Court in Maharashtra SRTC versus Rajendra Bhimrao Mandve, (2001) 10 SCC 51 . In all these cases, the selection process commenced with the issuance of the advertisement in the year 2018 during which the Jharkhand Targeted Public Distribution System (Control) Order, 2017 was in vogue and simply because during pendency of selection process a new order being Jharkhand Targeted Public Distribution System (Control) Order, 2019 was brought in force; the same could not have been made applicable in the selection process of the respective Petitioners, as the same was initiated much prior to coming into force of the new Public Distribution System. Therefore, the Petitioners were rightly selected observing the procedures and conditions mentioned in the Order of 2017. Thus, barely because the Controlling Department had under wrong notion vide letter No. 983 dated 01.04.2022 directed for issuance of notices and cancellation of licenses, the licenses of the Petitioners could not have been cancelled by the respective impugned orders. 10. It is further evident from records that pursuant to the advertisement as many as 478 licenses were issued; however, show cause notices were issued to only 216 licensees but surprisingly the Respondent authorities have cancelled the licenses of only 208 persons. This Court fails to understand that if the selection process as per the Respondents themselves was not correct; then under what circumstances the licenses of the other licensees who had been granted licenses under the same advertisement were not cancelled. It is not open for the Respondent authorities to adopt double standards and, if according to them, there was a flaw in the selection under the Order of 2017; then licenses of all the licensees ought to have been cancelled, but the Respondent authorities have adopted a pick and choose method which is wholly discriminatory on the face of it and in violation of the right guaranteed under Article 14 of the Constitution of India. 11. Having regard to the aforesaid discussions, it is hereby ordered that respective impugned orders passed by the District Supply Officer cancelling the licenses of the respective petitioners for running the PDS shop, is hereby, quashed and set aside.
11. Having regard to the aforesaid discussions, it is hereby ordered that respective impugned orders passed by the District Supply Officer cancelling the licenses of the respective petitioners for running the PDS shop, is hereby, quashed and set aside. The Respondent authorities are further directed to allow the respective Petitioners to continue with the PDS licenses which were granted to them. 12. The details of the impugned order issued in the case of respective petitioners with respect to different writ applications are given in detail hereinbelow: - i) In W.P.(C) No. 6001/22, order dated 21.09.2022 and order dated 22.09.2022 (Annexure 8 series) passed in respective misc. case; whereby the licenses issued to the petitioner no.1 to petitioner no.17 for running the PDS Shop have been cancelled, are hereby, quashed and set aside. ii) In WPC No. 5429/22, order dated 15.09.22,16.09.22, 20-09-22, 21.09.22, 22.09.22 and 24.09.22 (Annexure 9 series) passed in respective misc. Cases; Whereby the licenses issued to the petitioner no.1 to petitioner no.18 for running the PDS Shop have been cancelled are hereby quashed and set aside. iii) In WPC No. 5426/22 order dated 19.09.22, 20.09.22, 21.09.22, 22.09.22 & 24.09.22, (Annexure- 9 Series) passed in respective misc. cases whereby the licenses issued to Pet.no. 1 to Pet no.18 for running the PDS Shop have been cancelled are hereby quashed and set aside. iv) In WPC No.5626/22 order dated 23.09.2022 (Annexure 10 Series) passed in respective misc. cases; whereby the licenses issued to petitioner no. 1 to petitioner no.5 for running the PDS Shop have been cancelled are hereby quashed and set aside v) In WPC No.5428/22 order dated 15.09.2022, 16.09.2022, 20.09.22, 22.09.2022, 24.09.22, 28.09.22 and 29.09.22 (Annexure 9 Series) passed in respective misc. cases; whereby licenses of Petitioner no. 1 to Petitioner no.26 for running the PDS Shop have been cancelled are hereby quashed and set aside. vi) In WPC 3256/22 order dated 15.09.22, 16.09.22, 19.09.22, 20.09.22, 21.09.22 and 22.09.22 (Annexure 9 series) passed in respective misc cases; whereby licenses of Petitioner no 1 to Petitioner no. 20 for running the PDS Shop have been cancelled are hereby quashed & set aside. vii) In WPC no. 5490/22 order dated 22.09.22 (Annexure 9 series) passed in respective misc. cases; whereby licenses of Petitioner no 1 to Petitioner no. 3 for running the PDS Shop have been cancelled are hereby quashed & set aside. viii) In WPC no.
20 for running the PDS Shop have been cancelled are hereby quashed & set aside. vii) In WPC no. 5490/22 order dated 22.09.22 (Annexure 9 series) passed in respective misc. cases; whereby licenses of Petitioner no 1 to Petitioner no. 3 for running the PDS Shop have been cancelled are hereby quashed & set aside. viii) In WPC no. 5477/22 order dated 24.09.22 (Annexure 9 series) passed in respective misc. cases; whereby licenses of Petitioner no 1 to Petitioner no. 3 for running the PDS Shop have been cancelled are hereby quashed & set aside. ix) In WPC no. 5514/22 order dated 24.09.22 (Annexure 9 series) passed in respective misc. cases; whereby licenses of Pet. no 1 to Pet. no. 5 for running the PDS Shop have been cancelled are hereby quashed & set aside. x) In WPC no. 5473/22 order dated 19.09.22 & 24.09.22 (Annexure 9 series) passed in respective misc. cases; whereby licenses of Petitioner no 1 to Petitioner no. 4 for running the PDS Shop have been cancelled are hereby quashed & set aside. xi) In WPC no. 5476/22 order dated 28.09.22 (Annexure 9 series) passed in respective misc. cases; whereby licenses of Petitioner no 1 & Petitioner no. 2 for running the PDS Shop have been cancelled are hereby quashed & set aside. xii) In WPC no. 5478/22 order dated 20.09.22 (Annexure 9) passed in misc. cases; whereby license of Petitioner for running the PDS Shop has been cancelled are hereby quashed & set aside. xiii) In WPC no. 5474/22 order dated 21.09.22 & 22.09.22 (Annexure 9 series) passed in respective misc. cases; whereby licenses of Petitioner no 1 to Petitioner no. 5 for running the PDS Shop have been cancelled are hereby quashed & set aside. 13. Accordingly, all these writ petitions stand allowed and disposed in the manner indicated hereinabove. Pending I.As. if any also stands disposed of.