Patna High Court
Sangita DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The Court held that the show‑cause notice was procedurally defective, violating Order 27(ii) and natural justice, and therefore set aside the cancellation orders and remanded for a fresh notice.
Summary
Sangita Devi challenged the cancellation of her PDS licence by the Sub‑Divisional Officer, arguing that the show‑cause notice neither attached the enquiry report nor mentioned a proposal for cancellation, violating Order 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 and the principles of natural justice. The petitioner relied on earlier Patna High Court judgments (CWJC No.253 of 2014 and CWJC No.21202 of 2021) that held such procedural defects render the notice invalid. The respondents contended that the writ petition was not maintainable because a revision before the Commissioner was an alternative remedy. The Court examined the procedural requirements and found the notice defective, noting that the appellate and revisional authorities had not addressed the petitioner’s grounds. Consequently, the Court set aside the orders dated 13‑08‑2025, 20‑08‑2025, 22‑12‑2015 and 24‑08‑2015 and remanded the matter to the Sub‑Divisional Officer to issue a fresh, compliant show‑cause notice with the enquiry report. The petition was allowed with directions for a timely hearing and reasoned order.
Issues considered
- Whether the show‑cause notice issued under Order 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 is valid without attaching the enquiry report and without stating a proposal for licence cancellation.
- Whether the non‑compliance with the procedural requirements violates the principles of natural justice.
- Whether the writ petition is maintainable despite the availability of a revision remedy before the Commissioner.
Subjects
- natural justice
- licence cancellation
- show‑cause notice
- PDS
- Bihar Targeted Public Distribution System
- Rule 27(ii)
- writ petition
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1191 of 2026
======================================================
Sangita Devi, W/o Late Manoranjan Kumar, Resident of village- Jagarnatha,
P.S. - Uchkagaon, District- Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Food and
Consumer Protection, Govt. of Bihar, Patna.
2. The Principal Secretary, Department of Food and Consumer Protection,
Govt. of Bihar, Patna.
3. The Divisional Commissioner, Saran Division, Chapra.
4. The Collector-cum-District Magistrate, Gopalganj.
5. The Sub-Divisional officer-cum-Licensing Authority, PDS Shop, Hathua,
District- Gopalganj.
6. The Block Supply Officer, Uchkagaon, District- Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Uday Pratap Singh, Adv.
For the Respondent/s : Mr.Addl. Advocate General (04)
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 12-03-2026 Heard learned counsel for the parties.
2. The present writ petition has been filed for the
following relief(s):-
“A. A writ in the nature of Certiorari or any
other appropriate writ for quashing the order
dated 13.08.2025 / 20.08.2025 passed by the
Divisional Commissioner, Saran Division,
Chapra, in Supply Revision Case No. 173/2025,
upholding the order dated 22.12.2015 passed by
the Collector, Gopalganj, in Supply (Appeal)
Case No. 24/2015, whereby and whereunder he
has upheld the order dated 24.08.2015
Patna High Court CWJC No.1191 of 2026(2) dt.12-03-2026
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contained in Memo No. 1190 passed by the Sub-
Divisional Officer, Hathua-cum-Licensing
Authority, cancelling the PDS licence of the
petitioner on non-existing grounds.”
3. Learned counsel appearing on behalf of the
petitioner has stated that the Sub-Divisional Officer while
issuing the show cause notice to the petitioner has not enclosed
the enquiry report and there is no proposal for cancellation of
the license in the show-cause notice.
4. Learned counsel has stated that non-mentioning of
the proposal for cancelling his license is contrary to the
provisions of order 27(ii) of the Bihar Targeted Public
Distribution System (Control) Order, 2016 (hereinafter referred
to as ‘the Order, 2016’)
5. Further learned counsel has relied on the judgment
of this Hon’ble Court in CWJC No.253 of 2014 dated
11.03.2015 wherein this Hon’ble Court has held that the non-
supply of the enquiry report along with the show-cause is bad
and against the principle of natural justice and equity.
6. Learned counsel has further stated that petitioner
has taken the above ground in the appeal, but the appellate
authority has not dealt with the above ground and dismissed the
appeal in a mechanical manner.
Patna High Court CWJC No.1191 of 2026(2) dt.12-03-2026
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7. Learned counsel for the petitioner has also relied on
the judgment of the Full Court passed in CWJC No.21202 of
2021 and analogous cases dated 26.09.2023 to buttress his
contention that non-mentioning of the proposed action in the
show-cause notice is bad in law and contrary to Rule 27(ii) of
the Control Order, 2016.
8. Learned counsel has stated in view of the above
mentioned provisions of law and judgments relied by the
petitioner, the impugned order may be set aside and matter
remanded back to the authorities concerned for issuing a fresh
show-cause notice in terms of order 27(ii) of the Control Order,
2016 and also furnish a copy of the enquiry report along with
the said show-cause notice and thereafter take necessary action.
9. Per contra, the learned counsel appearing on behalf
of the respondents has vehemently opposed the very
maintainability of the writ petition and stated that the present
writ petition is not maintainable as the petitioner has an
alternative and efficacious remedy of filing a revision before the
Commissioner. Learned counsel has therefore prayed this
Hon’ble Court to dismiss the present writ petition.
10. This Court in CWJC No.253 of 2014 dated
11.03.2015 held as under:
Patna High Court CWJC No.1191 of 2026(2) dt.12-03-2026
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"In my opinion, irregularities in maintenance
of notice board or maintenance of the stocks
within the premises of the petitioner are too
trivial and cannot form a basis for
cancellation of licence. No doubt there were
other serious charges against the petitioner
regarding non-issuance of cash-memo to the
consumers, distribution of lesser amount of
kerosene oil and non-distribution of food-
grains but surprisingly even while making
such allegations, the names of such
consumers who are dissatisfied by such
action of the petitioner are conspicuously
missing. The allegations are sweeping in
nature without reference to any specific
consumer.
In my opinion the non-supply of
the enquiry report conducted by the District
Level Committee which is the foundation for
issuance of show cause notice placed at
Annexure-1 as well as non-supply of names
of such of the consumers who had
complained against the petitioner as
regarding the irregularities in distribution of
the food-grains or the kerosene oil has
prejudiced the petitioner to file his
purposeful reply and in absence thereof, the
order impugned in my opinion, are based on
no materials.
Though it was strenuously argued
by Mr. Pandey that in absence of any
response by the petitioner the allegations
would be deemed to have been admitted but
in my opinion even if the show cause reply
was missing, the orders passed by the
statutory authorities having civil
consequences and resulting in cancellation
should reflect application of mind.
Unfortunately it is grossly missing inasmuch
as neither the order of the Licensing
Authority nor the order of the appellate
authority deal with the materials which
Patna High Court CWJC No.1191 of 2026(2) dt.12-03-2026
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formed the basis to drive home the charges.
The orders impugned are indefensible and
cannot be upheld."
11. Further this Hon’ble Court in CWJC No.21202 of
2021 and analogous cases has held as under:
“19. Accordingly, we answer the reference as
under:-
It is mandatory for a licensing authority
issuing a notice under order 27(ii) to a
license to mention that there is a proposal for
cancellation of his license, failing which
such notice cannot be treated to be a valid
notice of giving sufficient opportunity to the
licensee to state his case under order 27(ii) of
the BTPDS Control Order. ”
12. A perusal of the show-cause notice issued to the
petitioner does not reveal that the copy of the enquiry report was
enclosed along with the show-cause notice and that there is no
proposal of the action sought to be taken against the petitioner.
13. Having regard to the above facts and
circumstances and the law laid down by this Hon’ble Court, the
present CWJC is allowed. The impugned order dated
13.08.2025/20.08.2025 passed by the revisional authority, order
dated 22.12.2015 passed by the appellate authority and the order
dated 24.08.2015 passed by the Sub-Divisional Officer are set
aside. The matter is remanded back to the Sub-divisional Officer
(Respondent No. 5) for issuing a fresh show-cause notice to the
Patna High Court CWJC No.1191 of 2026(2) dt.12-03-2026
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petitioner strictly in compliance with the provisions of Rule
27(ii) of the Control Order, 2016 and also furnish a copy of the
enquiry report along with the Show Cause Notice to the
petitioner and call for his explanation by giving reasonable time.
14. On such show-cause notice being served, the
petitioner shall file his explanation within the stipulated time.
On receipt of the explanation submitted by the petitioner the
authority concerned shall pass a reasoned orders strictly in
accordance with law duly taking into consideration the
explanation submitted by the petitioner.
15. It is needless to mention that before passing any
orders, the petitioner shall be given an opportunity of hearing.
The entire exercise shall be completed as expeditiously as
possible preferably within a period of eight weeks from the date
of receipt of a copy of this order. Any order passed shall be
communicated to the petitioner.
16. With the above directions, this Writ Petition is
allowed to the extent indicated above.
(A. Abhishek Reddy , J)
Bhardwaj/-
U
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