Jharkhand High Court
Court On Its Own Motion vs The State Of Jharkhand Through Its Chief ... on 16 January, 2026
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
2026:JHHC:1263-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (PIL) No. 4930 of 2025
Court on its Own Motion
Versus
1. The State of Jharkhand through its Chief Secretary, Govt. of
Jharkhand, Ranchi, Jharkhand
2. Secretary, Department of Food, Public Distribution and Consumer
Affairs, Govt. of Jharkhand, Ranchi, Jharkhand
3. Chairman, National Agricultural Cooperative Marketing Federation
of India Ltd. (NAFED), having its office at NAFED House, Sidhhartha
Enclave, Ring Road Ashram Chowk, P.O., P.S. New Delhi, Distt.- New
Delhi .... ... ... Respondents
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CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
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Amicus Curiae: Ms. Aulia Begum, Advocate
For the State: Mr. Piyush Chitresh, A.C. to A.G.
For Resp. No.3: Mr. Amit Kumar Das, Advocate
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09/Dated: 16.01.2026
1. Heard Ms. Aulia Begum, learned Amicus Curiae, Mr. Piyush Chitresh, learned A.C. to A.G. for the State and Mr. Amit Kumar Das, learned counsel for respondent No.3.
2. This Court, by way of this suo motu petition, took cognisance of a news item in the local daily that no Chana Dal or Salt was available under the Public Distribution System for the poor and marginalized in Jharkhand.
3. This Court has made orders from time to time, and the last order made on 05.12.2025, is transcribed below for the convenience of reference:-
"On 27.11.2025, the Court passed the following order:
"1. In the initial counter affidavit filed on behalf of the Under Secretary, Food Department, Government of Jharkhand, Ranchi dated 15.09.2025, it was specifically stated that due to non-supply of Chana Dal, the Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand, Ranchi intended to invite tender to procure Chana Dal for distribution under 'Mukhyamantri Dal Vitran Yojna'.-1-
2026:JHHC:1263-DB
2. It is shocking that even in the subsequent affidavit filed by the same officer on 03.11.2025, it has been reiterated that the tender process has been initiated for the aforesaid purpose vide letter no. 2488 dated 12.09.2025.
3. The said respondent has to come out with a clear timeline so as to ensure that the beneficiaries are provided Chana Dal every month, especially when it is admitted that last such supply was made only in May, 2025.
4. Therefore, let the Secretary, Food Department, Government of Jharkhand, Ranchi file his personal affidavit clearly setting out the timeline within which the tender already floated on 12.09.2025 shall come to its logical end. He shall also clarify as to whether the said department intends to procure Chana Dal from the NAFED in view of the contents of letter no. 109 dated 15.09.2025 by procuring the same from the open market at Minimum Support Price (MSP).
5. List this case on 04.12.2025."
2. In compliance of the aforesaid order, the respondent no. 2 - the Secretary, Department of Food, Public Distribution and Consumer Affairs, Government of Jharkhand has filed supplementary counter affidavit, wherein it has been sated that the meeting of the Tender Evaluation Committee for technical evaluation has already been held on 01.12.2025 and after carrying out the technical scrutiny of the bids in accordance with the prescribed procedure and upon completion of the reverse auction, the Tender Evaluation Committee shall submit its recommendation along with the L-1 rate to the procurement entity. It has further been stated that if the L-1 rate for 'chana dal' is found to be lower than the rate proposed by NAFED, the supply order will be issued to the successful bidder by the end of December 2025.
3. In this view of the matter, we deem it appropriate to defer consideration of this case up to the end of December.
4. List this case on 16.01.2026 when the fresh status report will be filed by the respondent no. 2."
4. Pursuant to the above order, Mr Sanjay Kumar, Under Secretary, Food Department, has filed an affidavit on 13.01.2026. Paragraphs 6 to 10 of this affidavit read as follows: -
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2026:JHHC:1263-DB "6. That in pursuance of the order dated 05.12.2025 passed by the Hon'ble High Court of Jharkhand in the present matter, it is humbly stated and submitted that the tender floated by the Director, Food and Consumer Affairs Directorate, Ranchi, vide Letter No. 1635 dated 26.09.2025 on the Government e-Marketplace (GeM), bearing GeM Bid No. GeM/2025/B/6735967 dated 27.09.2025, has been duly concluded.
7. That it is further stated that the reverse auction process was conducted and completed between 13.12.2025 and 15.12.2025, which took a longer time than initially anticipated. Upon completion of the reverse auction, a meeting of the Tender Evaluation Committee was convened, wherein the Committee recommended the L-1 rate of thesuccessful bidder to the procurement entity.
8. That it is also submitted that the L-1 rate quoted for Chana Dal was found to be lower than the rate proposed by NAFED.
Accordingly, the agreement has been executed with the successful bidder M/s VCare Seeds Pvt. Ltd., Kurnool, Andhra Pradesh- 518004 and the supply order has been issued Vide Letter No. 57 dated 12-01-2026 by Director, Food and Consumer Affairs, Jharkhand, Ranchi.
9. That it is humbly stated and submitted that, in larger public interest, the procurement and supply mechanism for Chana (Daal) has been duly finalized and all impediments stand addressed. Pursuant thereto, the Supply Order has been issued and the concerned agencies have been directed to commence supply. The distribution process is under operationalization and shall begin shortly. It is respectfully submitted that the directions of this Hon'ble Court stand complied with.
10. That in view of the aforesaid submissions, it is humbly prayed that this Hon'ble Court may be pleased to consider disposal of the present suo motu proceedings, as the purpose of the PIL now stands substantially fulfilled."
5. Based on the above affidavit, Mr. Piyush Chitresh, learned A.C. to AG, submits that this petition may be disposed of. We have no difficulty disposing of this petition and, in fact, propose to do so.
6. However, in paragraph 9 of the above affidavit, it is stated that the distribution process is under operationalization and shall begin shortly. Considering the vagueness of the statement made, we direct that the -3- 2026:JHHC:1263-DB distribution process must commence as expeditiously as possible and, in any event, within 10 days from today. All steps should be taken in this regard to ensure that the distribution process commences within 10 days.
7. Besides, the State must ensure that distribution processes are fair and transparent so that these food items reach those in dire need who cannot afford to purchase them at market rates, regularly and in the best possible manner.
8. With the above directions and with the fond hope that such a situation does not recur, we dispose of this petition. However, before we do so, we thank Ms. Aulia Begum, the learned Amicus Curiae, for the services rendered by her and place on record the reasonable approach of Mr Piyush Chitresh, the learned A.C. to AG, who has appeared in this matter for the State.
9. The Jharkhand State Legal Services Authority, Ranchi, should pay the learned Amicus Curiae the fees as prescribed under the Rules as expeditiously as possible. As stated earlier, these token fees are in addition to and not in substitution of the gratitude that we express to her.
10. This W.P.(PIL) is disposed of with the above observations.
(M.S. Sonak, C.J.) (Sujit Narayan Prasad, J.) 16.01.2026 N.A.F.R. APK/VK Uploaded on 20.01.2026 -4-