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2022 Supreme(Jhk) 34

IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Raghu Mochi – Petitioner
Versus
The State of Jharkhand – Respondent
W.P. (C) No. 2816 of 2021
Decided On : 06-01-2022

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Arun Kumar.
For the Respondent: Ms. Laxmi Murmu.

Headnote:

Jharkhand Targeted Public Distribution System Control Order, 2019 - Rule 30(I) - P.D.S. License Cancellation – Quash of Order - Seeking quash of order passed by respondent No. 3 whereby petitioner’s P.D.S. license has been cancelled. Further prayer has been made for quashing order passed by respondent No. in P.D.S. License Cancellation Appeal whereby appeal preferred by petitioner against the order passed by respondent No. 3 has been dismissed - Held, Court not inclined to entertain present writ petition at this stage and same is accordingly dismissed as not maintainable - Petitioner is however at liberty to prefer the second appeal under Rule 30(I) of Order, 2019 against impugned orders passed by original and the appellate authority respectively – Petition dismissed.

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 dated 14.10.2011 (Annexure-5 to the writ petition) passed by the respondent No. 3 whereby the petitioner’s P.D.S. license bearing No. 10/1995 has been cancelled. Further prayer has been made for quashing the order dated 16.03.2021 passed by the respondent No. 2 (Annexure-6 to the writ petition) in P.D.S. License Cancellation Appeal No. 21/2018-19 whereby the appeal preferred by the petitioner against the order dated 14.10.2011 passed by the respondent No. 3 has been dismissed.

3. Having heard learned counsel for the parties and keeping in view that the petitioner has got alternative/efficacious/statutory remedy of preferring second appeal under Rule 30(I) of the Jharkhand Targeted Public Distribution System Control Order, 2019 [hereinafter referred to as ‘the Order 2019’] against the impugned orders dated 14.10.2011 and 16.03.2021 passed by the original and the appellate authority respectively, I am not inclined to entertain the present writ petition at this stage and the same is accordingly dismissed as not maintainable.

4. The petitioner is however at liberty to prefer the second appeal under Rule 30(I) of the Order, 2019 against the impugned orders dated 14.10.2011 & 16.03.2021 passed by the original and the appellate authority respectively.

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