SARDA MAHILA MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India, whereby and whereunder the petitioner has sought for direction upon the respondent no.2 to take final decision upon the representation dated 08.03.2016 and grant licence to run Public Distribution System shop in the name of Sarda Mahila Mandal for village Patratu, Gola or in alternative to take action against the wrong doer i.e. erstwhile Secretary Sabitri Devi.

(2.) It is the case of the petitioner that to run Public Distribution System licence has been granted in the name of Sarda Mahila Mandal, a group of women of self-help formed on 06.10.2002, in which the respondents Sabitri Devi was the President while Koshil Devi was the Secretary and the respondent Basni Devi was the treasurer but due to internal dispute and allegations and counter allegations, the licence has been cancelled by the competent authority.

(3.) Counter affidavit has been filed by the respondents, wherein stand inter alia has been taken that the Government by virtue of scheme floated sometime in the year 2006 has decided to grant licence in favour of self-help group on priority basis and in case of non-availability of self-help group consisting of the women members, the other consideration to grant licence in favour of an individual can be taken, considering the application made by Sarda Mahila Mandal, the licence which has been granted to the shop for the Public Distribution System but due to internal dispute among the members of the Mahila Mandal, the distribution system since was not properly operating, the licencing authority has taken decision to cancel it and further the people of the area may not put in difficulty as allocated the licence to other PDS dealer.