Jhar HC | Dispute among office bearers of Mahila Mandal not illegality for cancelling its license

Jharkhand High Court: Sujit Narayan Prasad, J. dismissed the petition by asking the appropriate authority to look into the dispute among the office bearers of the organisation concerned.

A petition was filed under Article 226 of the Constitution of India, whereby the petitioner sought for directions upon the Respondent 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 taking action against the wrongdoer, i.e. erstwhile Secretary Sabitri Devi.

A license was granted in the name of Sarda Mahila Mandal, a group of women of self-help 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.

The Government, in order to provide food grain articles and other materials to be supplied under the control rate, came out with a decision sometime in the year 2006 to grant licence to group known as self-help group and in pursuance thereto, the petitioner Sarda Mahila Mandal, through its President, has made an application for grant of licence under PDS and taking into consideration the fulfillment of requirement as per the policy decision, the licence had been granted.

The Court held that when there was internal dispute amongst the office bearers of the Sarda Mahila Mandal and considering the said circumstances, if the licence had been cancelled by the licensing authority, it cannot be said that any illegality had been committed, it is for the reason that the concept of extending the licence of Sarda Mahila Mandal for smooth distribution of food grain articles and more particularly to deal with situation of black marketing since the individuals in whose favour the licence was earlier been granted who indulged in case of black marketing having no control of anyone, save and except the raid and inspection if conducted by the inspecting authority, and if the licence would be granted in favour of a group, there would be check and balance amongst the members itself.

Keeping that fact into consideration, the Court, directed the Deputy Commissioner, Ramgarh to look into the matter, so that people at large of the area who are getting food grain articles from the shop in question may not suffer and disposed of the petition. [Sarda Mahila Mandal v. State of Jharkhand, 2019 SCC OnLine Jhar 1535, decided on 13-11-2019]

Join the discussion

Your email address will not be published.

This site uses Akismet to reduce spam. Learn how your comment data is processed.