Dismissed

Smt Gangotri Devi v. Food Supply

Jharkhand HC20 Jan 2015WPC/5025/2014

Case brief

AI extract

What is this about?

This is a writ petition seeking a direction for the allotment of foodgrains and consumer products to a PDS shop run by the petitioner. The Court refused to interfere, noting that the appropriate remedy was an application to the Deputy Commissioner, and dismissed the petition with liberty to approach the lower authority.

What did the court decide?

The petition was dismissed. The petitioner was granted liberty to approach the Deputy Commissioner for a direction to the Supply Officer regarding allotment and supply.

Smt Gangotri Devi Vs Food Supply — Consumer Protection | Jharkhand HC (2015)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W. P. (C) No. 5025 of 2014

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Smt. Gangotri Devi, W/o- Rajdev Vishwakarma,

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Vill- Gangitiriya, Bardiha, Manjhiaon, Garhwa ... ... Petitioner Versus

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The State of Jharkhand through its Principal Secretary, Dept. of Food, Public Distribution & Consumer Affairs, Govt. of Jharkhand, Project Bhawan, Ranchi

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Deputy Commissioner, Garhwa

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Sub-Divisional Officer cum Supply Officer, Garhwa (Sadar), Supply Section, Garhwa … ... Respondents

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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

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For the Petitioner : Mr. Devesh Krishna, Advocate For the Respondents : Mr. Shadab Bin Haque, J.C. to G.P. I --------------

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05/20.01.2015 Seeking a direction upon the respondents to start allotment and supply of foodgrains, kerosene oil, sugar and other consumer products for the Public Distribution Shop at village-Gangitiriya, Block-Bardiha, District-Garhwa, the present writ petition has been filed.

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The petitioner claims herself as the president of the Lakshmi Self Help Group, comprising of 10 female residents of village-Gangitiriya. The Lakshmi Self Help Group was granted PDS shop vide PDS Licence No. 45 of 2009. After a raid was conducted in the PDS shop run by the said Lakshmi Self Help Group, the licence for PDS shop was suspended and First Information Report vide Majhion P.S. Case No. 43 of 2013 under Section 420/34 IPC and under Section 7 of the Essential Commodities Act was registered. The petitioner submitted an application to the respondent no. 3 for recalling order by which the PDS licence was suspended however, the said application was

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dismissed on 31.07.2013 and subsequently, vide order dated 01.08.2013, PDS licence of Lakshmi Self Help Group was cancelled. The petitioner preferred PDS Licence Cancellation Appeal No. 7/2013-14 which was allowed vide order dated 10.01.2014 however, allotment of foodgrains and other consumer items has yet not been made and therefore, the present writ petition has been filed.

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On a pointed quarry, when the respondent no. 2-Deputy Commissioner allowed the appeal preferred by the petitioner, why the petitioner instead of approaching the respondent no. 2 has come before this Court by filing the present writ petition, the learned counsel appearing for the petitioner submits that since allotment has not been made by the respondent no. 3, the petitioner has approached this Court.

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From the materials brought on record, I am not inclined to interfere in the matter and accordingly, this writ petition is dismissed. However, a liberty is reserved with the petitioner to approach respondent no. 2 by filing appropriate application for a direction upon the respondent no. 3 for supply of foodgrains, kerosene, sugar etc.

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The writ petition is dismissed with the aforesaid liberty to the petitioner.

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(Shree Chandrashekhar, J.)

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Tanuj/-

Smt Gangotri Devi v. Food Supply

Case brief

What is this about?

What did the court decide?

Smt Gangotri Devi v. Food Supply

Case brief

What is this about?

What did the court decide?

What the court decided

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