Allowed

Baruni Devi v. the State of Jharkhand through the Secretary Deptt of Food and Civil Supplies

Jharkhand HC3 Jan 2023WPC/598/2018

Case brief

AI extract

What is this about?

The High Court of Jharkhand quashed an order cancelling the petitioner's PDS License and remitted the matter to the Sub-Divisional Officer. The court directed the authorities to provide the inspection report and one week for a reply before passing a fresh reasoned order.

What did the court decide?

Impugned order quashed. Matter remitted to Sub Divisional Officer, Ramgarh to pass afresh order after considering petitioner's reply to inspection report.

Baruni Devi Vs the State of… — Constitutional and Fundamental Rights | Jharkhand HC (2023)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.598 of 2018

....

Baruni Devi

.… Petitioner

Versus

¶6

The State of Jharkhand through the Secretary, Department of Food and Civil Supplies Officiating from Project Bhawan, P.O. Dhurwa, Ranchi

¶7

The Deputy Commissioner, Ramgarh officiating from Ramgarh, P.O Ramgarh, P.S.-Ramgarh, District-Ramgarh

¶8

The Sub-Divisional Officer, Ramgarh officiating from Ramgarh, P.O Ramgarh, P.S.-Ramgarh, District-Ramgarh

¶9

The Block Supply Officer, Mandu officiating from Mandu, P.O. Ramgarh P.S.-Mandu, District-Ramgarh .... Respondents

¶10

CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

¶11

For the Petitioner : Mr. Yogendra Prasad, Adv. For the State : Mr. Pankaj Kr. Choudhary, JC to SC (L&C)-II

¶12

12/03.01.2023 At the outset, learned counsel for the respondent-State raising a question of maintainability of the writ petition on the ground of alternative remedy available to the petitioner, submits that the writ petition is liable to be dismissed on that count alone.

¶13

Learned counsel for the petitioner referring to order dated 15.10.2015 in W.P(C) No. 4658 of 2015 and analogous cases submits that in identical facts, this Court has quashed the order of cancellation of PDS License.

¶14

It is not in dispute that the proceeding against the petitioner was initiated in pursuance of direction issued by the Deputy Commissioner, Ramgarh on 28.07.2015 and in pursuance thereof, an enquiry was conducted on 29.07.2015. Finally, vide impugned order dated 28.08.2015, the Sub Divisional Officer, Ramgarh cancelled PDS License granted to the original writ petitioner. Consequent upon the direction of the Deputy Commissioner issued on 28.07.2015, PDS License of several other persons were cancelled. The original writ petitioner was one of such license holders.

¶15

Considering the aforesaid facts, without entering into the merits of the matter, impugned order dated 28.08.2015 is quashed and the matter is remitted to the Sub Divisional Officer, Ramgarh who shall pass afresh order after considering the reply of the petitioner. The petitioner shall be furnished a copy of the inspection report and atleast one week's time should be given to the petitioner to respond to the inspection report. After considering the reply of the petitioner and the materials on record, the Sub Divisional Officer, Ramgarh shall pass a reasoned order. The writ petition stands allowed in the aforesaid terms.

¶16

(Rajesh Kumar, J.)

¶17

Shahid/

Baruni Devi v. the State of Jharkhand through the Secretary Deptt of Food and Civil Supplies

Case brief

What is this about?

What did the court decide?

Baruni Devi v. the State of Jharkhand through the Secretary Deptt of Food and Civil Supplies

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Dena Devi Vs the State of Jharkhand

Hemwanti Kunwar Alias Hemni Devi Alias Hemwati Vs The State Of Jharkhand And Ors.

Shiv Charan Singh Vs the State of Jharkhand

Akshay Jain Vs Mines And Geological Survey

Smt Laxmi Tudu And Anr. Vs The State Of Jharkhand And Ors.

Mahesh Kumar Verma Alias Mahesh Kr Verma Vs the State of Jharkhand