Patna High Court
Rajendra Prasad GuptaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- A ABHISHEK REDDY
Holding
The Court set aside the cancellation orders and restored the petitioner’s PDS licence, holding that the inspection after 2 p.m. was illegal and the cancellation therefore void.
Summary
The petitioner, Rajendra Prasad Gupta, sought relief against the cancellation of his PDS shop licence (No.190/2016) by the Sub‑Divisional Officer, Patna Sadar, on the ground that an FIR had been lodged against him. He contended that the shop was inspected on 26‑07‑2022 at 2:42 p.m., which was beyond the permissible operating hours prescribed under Rule 15 of the Bihar Targeted Public Distribution System (Control) Order, 2016, rendering the inspection illegal. The respondents argued that the inspection and subsequent cancellation were justified due to serious allegations against the petitioner. The Court examined Rules 15 and 25(i)(a) of the 2016 Control Order and held that there is no legal duty to keep the shop open after 2 p.m., so the inspection was ultra vires and the cancellation unlawful. Consequently, the orders dated 08‑12‑2022, 16‑05‑2025 and the appellate order of 21‑09‑2024 were set aside and the licence was restored. The Court directed the authorities to resume supply of food grains to the petitioner.
Issues considered
- What is the legal validity of an inspection conducted after the stipulated operating hours under Rule 15 of the Bihar PDS Control Order, 2016?
- Whether the Sub‑Divisional Officer had jurisdiction to cancel the PDS licence on the basis of such inspection?
- Whether the cancellation of the licence complied with the procedural requirements of Rules 15 and 25(i)(a) of the Control Order.
Subjects
- license cancellation
- public distribution system
- inspection timing
- Rule 15
- Rule 25
- certiorari
- mandamus
- writ petition
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10615 of 2025
======================================================
Rajendra Prasad Gupta, Son of Shivlal Prasad, Resident of Chandrika Studio
Gali No.4, Indrapuri Sipara, Patna, P.S.- Beur, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Food and Consumer
Protection Department, Old Secretariat, Patna.
2. The District Magistrate, District- Patna.
3. The Additional District Magistrate (Supply), District- Patna.
4. The Special Officer Rationing, Patna Rationing, District- Patna.
5. The Sub-Divisional Officer, Patna Sadar, District- Patna.
6. The Assistant District Supply Officer, Patna Sadar, District- Patna.
7. The Supply Inspector, Ward No. 21, Patna Rationing, District- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Gaurav, Adv.
For the Respondent/s : Mr.Government Advocate (3)
Mr. Shiv Kumar, AC to GA 3
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
5 31-01-2026 I.A. No. 01 of 2026
Interlocutory application is allowed.
2. Registry is directed to make the necessary
amendment in the prayer portion of the present writ petition.
3. Heard the learned counsel for the parties.
4. The present writ petition has been filed for the
following relief(s):-
“A. A Certiorari for quashing and setting
aside the order passed by the Sub Divisional
Officer Patna sadar vide Memo No.1093
dated 08.12.2022 whereby and where under
Patna High Court CWJC No.10615 of 2025(5) dt.31-01-2026
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license of the petitioner P.D.S shop bearing
License No. 190/2016 has early been
suspended with immediate effect only on the
ground that a F.I.R. has been lodged against
the petitioner contained therein Annexure (-
P) / 3 (Series) and subsequent to that license
and agreement of the petitioner has been
cancelled contained therein Annexure (- P) /
1 (Series) wholly without jurisdiction & on
the contrary to the implicit provision thereto.
B. A Mandamus commanding the
Respondent licensing authority cum Sub
Divisional Officer Patna Sadar to comply
the order passed by the District Magistrate,
Patna Vide order Dated 21.09.2024 in
relation to P.D.S.Appeal Case No. 05/2023-
2024 contained therein Annexure -P/1
(Series) & restore the license of the
petitioner's P.D.S shop bearing License No.
190/2016 as well as consumers of the
petitioner shop as like as before & to resume
the supply of food grains by allotting the
monthly allotment of food grains as same as
before
C. A mandamus commanding the
Respondents Authority the Principle
Secretary, Food & Consumer Protection
Department Bihar & the District Magistrate,
Patna to take an appropriate legal action
against the current A.D.S.O, Patna Sadar
Patna High Court CWJC No.10615 of 2025(5) dt.31-01-2026
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who has deliberately & willfully disobey, not
complied & tried to dilute & divert the
matter only for the sake of personal interest
& needlessly mental & physical trouble to
the petitioner in relation to Appeal Case No.
05/2023-2024, passed by the District
Magistrate, Patna vide order dated
21.09.2024 challenged against the
cancellation of the P.D.S. license of the
petitioner vide Memo No. 1093 dated
08.12.2022 which is settled by the law &
also signifies by the several judgments with
respects to the aforesaid matter.
D. Any other relief or reliefs for which
petitioner may be found entitled in the fact
and circumstances of the present case may
be granted to him.”
5. The following para has been added by allowing
I.A. No. 01 of 2026 vide order dated 31.01.2026.
E. For quashing & setting aside the
impugned order passed by the Sub-
Divisional Officer, Patna Sadar containing
Memo No. 193 (Annexure R/1) dated
16.05.2025 wherein the license of the
petitioner has been cancelled on the
contrary of the implicit provisions contained
thereto without considering the facts, merit
& law laid down upon it without application
Patna High Court CWJC No.10615 of 2025(5) dt.31-01-2026
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of mind unilaterally & prejudicially which is
evident from the counter affidavit filed by the
Respondent Authority & restore the license
of the petitioner P.D.S shop bearing License
No. 190/2016 as well as consumers of the
petitioner shop as like as before & to resume
the supply of food grains by allotting the
monthly allotment of food grains as same as
before. ”
6. Learned counsel appearing on behalf of the
petitioner submits that the shop of the petitioner was inspected
on 26.07.2022 at 2.42 P.M. and the same is evident from the
order passed by the Appellate authority vide order dated
21.09.2024. Learned counsel submits that the inspection of the
shop at 2.42 P.M. is totally illegal and bad when the petitioner
is obligated only to keep the shop open from 08.00 A.M. to
02.00 P.M. Learned counsel therefore states that once it is
found that the inspection itself is bad the consequential action
of cancellation and also the order of the Appellate authority
have to be necessarily set aside. Learned counsel has therefore
prayed this Hon’ble Court to set aside the impugned orders
passed by both the appellate as well as the primary authority
and restore the license of the petitioner.
7. Learned counsel has submitted that as per Rule
Patna High Court CWJC No.10615 of 2025(5) dt.31-01-2026
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15 of the Control Order, 2016 the petitioner is obligated to
keep the shop open from 08.00 am to 02.00 pm and the shop
of the petitioner was closed after the stipulated time at 02.00.
Learned cousnel has prayed this Hon’ble Court to allow the
present writ petition by settting aside the impugned order.
8. Per contra, the learned counsel appearing on
behalf of the respondents-State has vehemently opposed the
maintainability of the present writ petition and stated that the
authority concerned duly taking into consideration the
allegations against the petitioner has inspected the PDS shop
of the petitioner and thereafter, issued show cause. The
authority has found the allegation against the petitioner serious
in nature and having found the explanation of the petitioner
not satisfactory, canceled the license of the petitioner. Learned
counsel has therefore, prayed this Court to dismiss the present
writ petition.
9. In order to resolve the issue in the present Writ
Petition it is necessary to extract the provisions of the Act of
the Bihar Targeted Public Distribution System (Control) Order,
2016, i.e., more particularly Rules 15 and 25(i)(a) of the
Control Order, which are stated as follows:
"15: Working and Leave :-- (i) A
shop of public distribution system shall be
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kept open every day in a week from 7.00 am
to 1.00 pm from March to August and from
8.00 am to 2.00 pm from September to
February. (ii) If a fair price shop owner is
unable to operate the shop due to
unavoidable reasons for a limited period, he
shall submit an application to the licensing
authority. The licensing authority may give
him permission to go in leave after making
optional arrangement for supply of essential
commodities to the consumers related to his
shop. The maximum period of leave shall be
of 90 days at a time." "25. Action against a
licensee. (i) In view of the order passed by
the Hon'ble Supreme Court in Civil
Writ196/01, action shall be taken against the
licensees in the following circumstances :-
Licensees who, (a) do not keep their shops
open throughout the month during the
stipulated period;
10. Admittedly, in the present case the inspection of
the shop has taken place on 26.07.2022 at 2.42 P.M. i.e., after
the stipulated time. There is no legal obligation on the
petitioner to keep the shop open after the stipulated time, ie.,
after 2.00 pm and as such it cannot be said that the petitioner
has violated the provisions of the control order. The impugned
action of the respondents canceling the licnese of the petitioner
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on the above stated ground has to be necessarily set aside.
11. Having regard to the above mentioned facts and
circumstances the impugned orders dated 08.12.2022 and
16.05.2025 passed by the S.D.O, Sadar Patna as well as the
order dated 21.09.2024 passed by the Appellate authority are
hereby set aside. The PDS license of the petitioner is restored.
The authorities are directed to restore the supply of grains to
the petitioner at the earliest.
12. With the above direction, the present writ
petition stands allowed.
(A. Abhishek Reddy , J)
Bhardwaj/-
U
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