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Patna High Court

Anil KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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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