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2025 Supreme(Jhk) 1291

IN THE HIGH COURT OF JHARKHAND AT RANCHI 
RAJESH SHANKAR, J.
Dilip Kumar Ram - Petitioner 
Versus 
The State of Jharkhand and Ors. – Respondents
W.P.(C) No. 4466 of 2018 With W.P.(C) No. 5921 of 2018 With W.P.(C) No. 6426 of 2018 With W.P.(C) No. 225 of 2019 With W.P.(C) No. 1558 of 2020 
Decided On : 16-01-2025

Advocates Appeared:
For the Petitioners: Mr. Nilesh Kumar, Ms. Ayushi, Mr. Amit Kr. Tiwari
For the State : Mr. Suresh Kumar, S.C (L&C)-II

Administrative actions taken without authority of law are nullities, necessitating legal enforcement of regulatory frameworks for public distribution licenses.

Headnote:(A) Essential Commodities Act, 1955 - Section 3 - Jharkhand Targeted Public Distribution System (Control) Order, 2017 - Licenses for public distribution system cancelled by administrative authorities without jurisdiction as no Control Order in force at the time of cancellation - Relying on prior judgments, the court found actions without lawful authority are nullities. (Paras 7, 12, 14)

Table of Content
1. overview of the cases being presented. (Para 1)
2. petitioners seek to challenge license cancellations. (Para 2 , 3 , 4 , 5 , 6)
3. argument regarding jurisdiction without control orders. (Para 7 , 8)
4. details regarding the responses from the government. (Para 9 , 10 , 11 , 12)
5. legal precedence on actions taken without authority. (Para 13 , 14)
6. court's decision to quash the impugned orders. (Para 15)
7. final judgment allowing the writ petitions. (Para 16)

JUDGMENT :

(RAJESH SHANKAR, J.)

Since similar issue has been raised in all these writ petitions, the same are being taken up together and being disposed of by this common order with the consent of learned counsel for the parties.

2. W.P.(C) No. 4466 of 2018 has been filed for quashing the order dated 22.05.2018 (Annexure-3 to the said writ petition) passed by the Deputy Commissioner, Lohardaga in Licence Appeal No. 3/16-17 whereby the appeal preferred by the petitioner against the order as contained in memo No. 355 dated 23.12.2015 (Anneuxre-2 to the said writ petition) passed by the Sub- Divisional Officer, Lohardaga has been dismissed. Further prayer has been made for quashing the order as contained in memo No. 355 dated 23.12.2015 passed by the Sub-Divisional Officer, Lohardaga whereby the P.D.S license of the petitioner being License No. 03/97 has been cancelled.

3. W.P.(C) No. 5921 of 2018 has been filed for quashing the order dated 04.09.2018 (Annexure-13 to the said writ petition) passed by the Deputy Commissioner-cum-District Magistrate, Bokaro in Misc. (PDS) Case No. 49/2015 whereby the appeal preferred by the petitioner against the order as contained in memo No. 194/Aa dated 22.04.2015 (Annexure-12 to the said writ petition) passed by the Sub-Divisional Officer, Bermo at Tenughat has been dismissed. Further prayer has been made for quashing the order as contained in memo No. 194/Aa dated 22.04.2015 passed by the Sub-Divisional Officer, Bermo at Tenughat whereby the P.D.S license of the petitioner being License No. 6/90 has been cancelled.

4. W.P.(C) No. 6426 of 2018 has been filed for quashing the order dated 20.11.2018 (Annexure-3 to the said writ petition) passed by the Commissioner, South Chotanagpur Division, Ranchi in License Appeal No. 16/2015 whereby the appeal preferred by the petitioner against the order as contained in memo No. 03(1)/Aa dated 21.03.2015 (Annexure-1 to the said writ petition) passed by the Deputy Commissioner-cum-District Magistrate, Ranchi has been dismissed. Further prayer has been made for quashing the order as contained in memo No. 03(1)/Aa dated 21.03.2015 passed by the Deputy Commissioner-cum-District Magistrate, Ranchi whereby the P.D.S license of the petitioner being License No. 01/87 has been cancelled.

5. W.P.(C) No. 225 of 2019 has been filed for quashing the order dated 01.11.2018 (Annexure-9 to the said writ petition) passed by the Commissioner, Palamau Division, Medininagar in P.D.S License Cancellation Revision- XV/14/2017 whereby the order dated 16.12.2016 (Annexure-8 to the said writ petition) passed by the Deputy Commissioner, Palamau in P.D.S License Cancellation Appeal No. XV/04/2016-17 has been affirmed. Further prayer has been made for quashing the order dated 16.12.2016 passed by the Deputy Commissioner, Palamau in P. D. S. License Cancellation Appeal No. XV/04/2016-17 whereby the appeal preferred by the petitioner against the order as contained in memo No. 296 dated 20.05.2016 (Annexure-7 to the said writ petition) passed by the Sub-Divisional Officer, Sadar, Medininagar, Palamau has been dismissed. The petitioner has also prayed for quashing the order as contained in memo No. 296 dated 20.05.2016 passed by the Sub-Divisional Officer, Sadar, Medininagar, Palamau whereby the P.D.S license of the petitioner being License No. 09/91 has been cancelled.

6. W.P.(C) No. 1558 of 2020 has been filed for quashing the order dated 28.09.2017 (Annexure-6 to the said writ petition) passed by the Deputy Commissioner,

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