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2021 Supreme(Jhk) 864

RAVI RANJAN, SUJIT NARAYAN PRASAD
Shishir Marandi S/o Late Barka Marandi – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Appellant : Mr. Durga C. Mishra.
For the Respondent: Mr. Piyush Chitresh.

JUDGMENT :

1. This appeal preferred by the writ petitioner-Appellant is directed against the judgment/order dated 25.02.2021 passed by the learned Single Bench of this Court in W.P. (C) No. 2807 of 2020 whereby the prayer for quashing the order of suspension of the PDS Licence of the petitioner dated 17.11.2009 and further for revoking the order of suspension and allowing the petitioner to operate the PDS Shop, was dismissed.

2. The claim of the writ petitioner is that he was granted PDS Licence on 03.03.1989 being Licence No. 24/89 by the Sub Divisional Officer, Dumka, who was then Licensing Authority and thereafter, petitioner’s PDS shop started functioning from 1989 till October, 2009 without any complaint by any person and to the satisfaction of concerned respondent. However, on 01.11.2009 the Block Development Officer lodged an FIR under Section 7 of the Essential Commodities Act on the allegation that he got information on telephone that some of the villagers caught a person on a bicycle with 6 jericans containing 90 ltrs of kerosene oil.

3. It appears that on the basis of the aforesaid allegations action was taken by the Licencing authority and vide Annexure-C to the counter af

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