Patna High Court
Anil KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
Mere institution of a First Information Report does not constitute a valid ground for cancellation of a PDS licence.
Summary
Anil Kumar challenged the cancellation of his PDS licence (No. 25/2016) on the ground that the authorities had relied solely on the institution of an FIR (Case No. 93 of 2020) against him. He filed a writ petition seeking quashing of the revision order dated 21‑02‑2025/04‑04‑2025, the appellate order dated 15‑05‑2023 and the original cancellation order dated 29‑06‑2020. The Court examined the PDS (Control) Order, 2001 and Rule 7 of G.S.R. No. 1 (2007) and held that a mere FIR does not constitute a valid ground for licence cancellation. The decision was supported by the precedent Umesh Ram v. State of Bihar (AIR 2014 Patna 113). Consequently, all three orders were set aside, the petitioner’s supplies were ordered to be restored, and the petition was allowed, with a proviso that action may be taken if the petitioner is later convicted in the criminal case.
Issues considered
- Whether the mere institution of a First Information Report is a sufficient ground for cancellation of a PDS licence under the PDS (Control) Order, 2001 and related rules.
- Whether the revisional and appellate orders cancelling the licence are liable to be quashed on that ground.
Subjects
- PDS licence
- cancellation
- First Information Report
- writ petition
- certiorari
- administrative law
- food distribution
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10932 of 2025
======================================================
Anil Kumar, Son of Satyanarayan Prasad, Resident of Godna Koiri Tola, P.S.-
Revelganj, District- Saran, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Food and
Consumer Protection, Government of Bihar, Patna.
2. The Divisional Commissioner, Saran Sub-Division, Chapra, Saran at
Chapra.
3. The Collector-cum-Distict Magistrate, Saran at Chapra, District- Saran.
4. The Sub Divisional Officer, Sadar Chapra, Saran at Chapra.
5. The Block Supply Officer, Revelganj, Chapra, Saran at Chapra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. N. K. Agrawal, Sr. Adv.
Mr. Kumar Rajdeep, Adv.
For the Respondent/s : Mr. Standing Counsel (7)
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
5 03-04-2026 Heard learned counsel for the parties.
2. The present Writ Petition has been filled for the
following reliefs:-
“i. For issuance of appropriate writ/writs,
order/orders, direction in nature of certiorari
quashing the order dated
21.02.2025/04.04.2025 passed in Supply
Revision Case No. 190/2023 passed by the
Learned Commissioner, Saran Sub-Division,
Chhapra whereby and where under he has
dismissed the revision petition and confirmed
the order dated 15.05.2023 passed by the
Learned District Magistrate, Saran, at
Chapra. District- Saran by which the
statutory appeal was dismissed.
ii. Further for quashing the order dated
15.05.2023 passed in Supply Appeal No.
Patna High Court CWJC No.10932 of 2025(5) dt.03-04-2026
2/3
26/2021 passed by the District Magistrate,
Saran at Chapra, whereby and where under
he has confirmed the order dated 29.06.2020
passed by the Learned S.D.O.-cum-Licensing
Authority, The Sub Divisional Officer, Sadar
Chapra, Saran at Chapra.
iii. Further for quashing the order dated
29.06.2020 passed by the Learned S.D.O.
-cum-Licensing Authority The Sub Divisional
Officer, Sadar Chapra, Saran at Chapra by
which the PDS license of the petitioner being
License No. 25/2016 has been cancelled.
iv. Further for issuance appropriate
writ/order/direction in which the petitioner
found to be entitled in the facts and
circumstances of the case.”
3. Learned counsel for the petitioner submits that the
solitary ground given in the order dated 28.06.2020 vide Memo
No. 146 for cancelling the PDS licence of the petitioner was that
an First Information Report (F.I.R.) bearing Revelganj P.S. Case
No. 93 of 2020 had been instituted against the petitioner.
Similarly, the impugned order has been passed on the sole
ground of institution of the aforesaid FIR against the petitioner.
4. Learned counsel for the respondents appears and
has been heard.
5. Having heard the parties and on consideration of
the materials on record, this Court finds merit in the writ
petition. A perusal of the PDS. (Control) Order, 2001 read with
Rule 7 of the notification in G.S.R. No. 1 dated 20.02.2007
Patna High Court CWJC No.10932 of 2025(5) dt.03-04-2026
3/3
makes it clear that mere institution of a First Information Report
would not constitute a valid ground for cancellation of the PDS
licence. This view finds support from the decision of this Court
in Umesh Ram vs. The State of Bihar and others, AIR 2014
Patna 113 as well.
6. In view of the above, the impugned order dated
21.02.2025/04.04.2025 (Annexure P/8) passed by the Revisional
Authority is hereby quashed and consequently, the appellate
order dated 15.05.2023 (Annexure-P/6) and the order dated
29.06.2020 (Annexure P/4) passed by the Sub-Divisional
Officer are also set aside.
7. Needless to say, supplies to the petitioner shall be
restored without delay.
8. It is made clear that, in case, the petitioner is
subsequently convicted in the criminal case instituted against
him, thereafter, the authorities are free to take necessary action
in accordance with law.
9. With the above directions, the Writ Petition stands
allowed to the extent indicated.
(A. Abhishek Reddy , J)
Bhardwaj/-
U
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