Jharkhand High Court
Jan Vitran Pranali Bikreta Sangh vs The State Of Jharkhand on 26 July, 2018
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.4193 of 2009
Jan Vitran Pranali Bikreta Sangh, Barhi Sub-division, Barhi, P.O.
& P.S. Barhi, District- Hazaribagh, through its President
Chandreshwar Prasad Singh, Son of late Ram Kishun Singh,
resident of Village- Kodahar, Barhi, P.O. & P.S. Barhi, District-
Hazaribagh. ... ... Petitioner
Versus
1. The State of Jharkhand.
2. The Secretary, Department of Food Public Distribution &
Consumers Affairs, Government of Jharkhand, Ranchi.
3. The Deputy Commissioner, Hazaribagh.
4. The Sub-Divisional Officer, Barhi,
District- Hazaribagh.
5. The District Supply Officer, Hazaribagh.
6. The Block Development Officer, Barhi Block,
District- Hazaribagh.
7. The Block Development Officer, Barkathha - Block District-
Hazaribagh.
8. The Block Development Officer, Chouparan Block, District-
Hazaribagh.
9. The Block Development Officer, Padma Block, District-
Hazaribagh. ... ... Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioner : None
For the Respondents : Mr. Ashish Kumar Thakur,
A.C. to S.C. (L. & C.)
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02/26.07.2018 Nobody appears on behalf of the petitioner.
2. This writ petition has been filed for the following reliefs:
"(a) This Hon'ble Court may be pleased to restrain the respondents from opening new fair price shops in four block of Hazaribagh District namely, Barhi, Barkathha, Padma and Chouparan, by curtailing or reducing the number of cardholders from 1900 persons to 1000 persons allotted to the existing PDS dealers of the said blocks, because such curtailment will lead to the curtailment of quantum of allocation of essential commodities like foodgrains and kerosene oil to the existing fair price shop dealers, which will result in their considerable curtailment of commissions/remuneration from Rs. 1260/- to Rs. 400-
600/- per month adversely affecting their livelihood as in evident from 2 a news item published in the daily newspaper 'Hindustan' dated 2.8.2009;
(b) This Hon'ble Court may be pleased to hold and declare that curtailment of cardholders, which would result in curtailment of allocation of essential commodities and commission of the fair price shop owners is wholly illegal, arbitrary, malafide and violative of Articles 14, 21 and 23 of the Constitution of India;
(c) Panding final hearing of this writ application , the respondents be restrained to give training to the members of Self-Helped Groups for granting licence to open fair price shops, and also be restrained to curtail the cardholders from 1900 persons to 1000 persons for operating of the existing fair price shops."
3. Heard Mr. Ashish Kumar Thakur, counsel appearing for the respondent- State.
4. Counsel for the respondents submits that the instant writ petition has become infructuous. He submits that otherwise also, the decision to give licenses of Public Distribution System is a matter of policy and no relief can be granted to the petitioner as prayed. He refers to page no. 13 of the counter-affidavit wherein it has been stated that in the light of the decision, the Sub- Divisional Magistrate/Licensing Authority has issued licenses on the basis of population of one thousand per shop in Barhi, Padma, Barkatha and Chouparan Blocks to B.P.L. Women Self Help Group and accordingly, he submits that the writ petition has become infructuous.
5. Considering the submission made by the counsel for the respondents, this Court finds that the licenses under the P.D.S. system having already been issued by the respondents to persons who are not party in this writ petition and accordingly, no relief can be granted to the writ petitioner.
6. This writ petition is accordingly dismissed.
(Anubha Rawat Choudhary, J.) Pankaj