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2021 Supreme(Jhk) 434

IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Most. Pramila Devi – Petitioner
Versus
The State of Jharkhand – Respondent
W.P. (C) No. 619 of 2021
Decided On : 08-09-2021

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Arun Kumar.
For the Respondent: Mr. Amitesh Kumar Geasen.

Headnote:

Jharkhand Targeted Public Distribution System (Control) Order, 2019 - PDS license - Irregularity in distribution of food grains - Respondent no. 3 by which petitioner’s PDS license no. 02 of 2011 has been cancelled on the ground of alleged irregularity in distribution of food grains among card-holders/beneficiaries - Learned AC to SC-I appearing on behalf of respondents raises a preliminary objection with regard to maintainability of writ petition on ground that petitioner has efficacious remedy of preferring appeal against impugned order dated passed by respondent no. 3 under Clause 30 of Jharkhand Targeted Public Distribution System (Control) Order, 2019 – Held, learned counsel for the parties and keeping in view that petitioner has efficacious remedy of preferring appeal against impugned order dated passed by respondent no. 3, Court of view that present writ petition is not maintainable at this stage - Petitioner is, however, at liberty to take aforesaid alternative recourse against impugned order dated - Writ petition is, accordingly, dismissed

JUDGMENT :

RAJESH SHANKAR, J.

1. The present writ petition is taken up today through video conferencing.

2. The present writ petition has been filed for quashing the order as contained in memo no. 355(ii) dated 15th March, 2019 (Annexure-4 to the writ petition) issued by the District Supply Officer, Gumla the respondent no. 3 by which the petitioner’s PDS license no. 02 of 2011 (appears to be wrongly written as ‘01 of 2011’) has been cancelled on the ground of alleged irregularity in distribution of food grains among the card-holders/beneficiaries.

3. Mr. Amitesh Kumar Geasen, learned AC to SC-I appearing on behalf of the respondents raises a preliminary objection with regard to the maintainability of the writ petition on the ground that the petitioner has efficacious remedy of preferring appeal against the impugned order dated 15th March, 2019 passed by the respondent no. 3 under Clause 30 of Jharkhand Targeted Public Distribution System (Control) Order, 2019.

4. Having heard learned counsel for the parties and keeping in view that the petitioner has efficacious remedy of preferring appeal against the impugned order dated 15th March, 2019 passed by the respondent no. 3, I am of view that the present writ petition is not maintainable at this stage.

5. The petitioner is, however, at liberty to take aforesaid alternative recourse against the impugned order dated 15th March, 2019.

6. The writ petition is, accordingly, dismissed as not maintainable with aforesaid liberty.

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