Licenses canceled without due process violate the principles of natural justice, and rules cannot change mid-selection process.

JUDGMENT :

DEEPAK ROSHAN, J.

Heard learned counsel for the parties.

2. Since the issue involved in all these writ applications are common; as such, all were heard together with consent of the parties and being disposed of by this common order. For brevity, the prayer made in the respective writ applications are extracted hereinbelow: -

W.P.(S) No. 6001 of 2022

(a) For issuance of appropriate writ(s)/ order(s)/, direction(s) quashing the orders as contained in Misc. Case No. 55/2022 dated 21.09.2022, Misc. Case Nos. 52/2022, 43/2022, 74/2022, 54/2022, 34/2022 all dated 22.09.2022, Misc. Case No. 61/2022 dated 21.09.2022, Misc. Case Nos. 40/2022, 73/2022, 86/2022, 41/2022, 66/2022, 84/2022, 76/2022, 83/2022 all dated 22.09.2022, Misc. Case No. 59/2022 dated 21.09.2022, Misc. Case Nos. 65/2022 dated 22.09.2022, which form the table at para 16 of this writ petition (Annexure - 8 series) whereby the licences issued to the petitioners for running the PDS Shops have been cancelled.

(b) For issuance of further appropriate writ(s)/order(s)/, direction(s) directing the respondents-authorities to allow the petitioners to continue with the PDS licences which were granted to them as contained in Annexure - 1 series.

(c) Any other relief or reliefs as Your Lordships may deem fit and proper for which the petitioners are very much entitled under the facts and circumstances of the case and in the interest of justice.

W.P.(S) No. 5477 of 2022

(a) For issuance of appropriate writ/writs order/orders, direction/directions for setting aside / quashing the order no.983 dated 01.04.2022 (Annx-6) as well as memo no. 2388 (Petitioner no. 1), memo no. 2401 (Petitioner no. -2) memo no. 2395 (Petitioner no. -3), dated 24.09.2022 (Annx-9) issued under the signature of Under Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, and The District Supply Officer, Giridih, (Resp. no 5 whereby and where-under, the respondents without adherence to the procedures/rules prescribed under the concerned control order, direction has been made to the District Supply Officer, Giridih to ensure cancellation of the TDPS Licenses of the petitioner.

AND

For restraining the respondents from taking an arbitrary/unwarranted action against the petitioners pursuant to the show cause notice (served to same to the petitioners) whereby and whereunder the petitioners was ought to provide an explanation within stipulated periods respectively, failing which, steps shall be taken for cancellation of their respective licenses.

AND

Further direction upon the Respondents to comply the mandate as provided in the Control order 2017, as till date petitioners has provided with EPOS machines and also receive the allotment order for distribution in-spite of being granted the PDS License, which in deed portrays the Respondents towards effective supply of the essential commodities.

W.P.(C) 5490 of 2022

For issuance of appropriate writ/writs order/orders, direction/directions for setting aside / quashing the order no.983 dated 01.04.2022 (Annx-6) as well as memo no. 2320 (Petitioner no. 1), memo no. 2325 (Petitioner no. 2) memo no. 2310 (Petitioner no -3), dated 22.09.2022 (Annx-9) issued under the signature of Under Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, and The District Supply Officer, Giridih, (Resp. no 5 whereby and where-under the respondents without adherence to the procedures/rules prescribed under the concerned control order, direction has been made to the District Supply Officer, Giridih to ensure cancellation of the TDPS Licenses of the petitioners.

AND

For restraining the respondents from taking an arbitrary/unwarranted action against the petitioners pursuant to the show cause notice (served to same to the petitioners) Annx-7 whereby and whereunder the petitioners was ought to provide an explanation within stipulated periods respectively, failing which, steps shall be taken for cancellation of their res