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Patna High Court

Suresh PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

A suspension of a PDS license that exceeds 180 days without a final order under Rule 28 is vitiated and must be quashed.

Summary

The petitioner, Suresh Paswan, filed a writ petition challenging the suspension of his Public Distribution System (PDS) license dated 03‑05‑2024 by the Sub‑Divisional Officer, West Muzaffarpur. He contended that, under Rule 28 of the Bihar Targeted Public Distribution System (Control) Order, 2016, a suspension cannot exceed 180 days without a final order, which had not been issued. The Patna High Court examined the record and found that the suspension had indeed continued beyond the 180‑day limit and no conclusive decision had been taken. The Court also noted that the petitioner had been granted anticipatory bail, showing he was neither a fugitive nor in custody. Accordingly, the Court held the impugned suspension order vitiated and quashed it, allowing the writ petition. The order dated 03‑05‑2024 was set aside.

Issues considered

  • Whether the suspension of the petitioner’s PDS license beyond 180 days without a final order violates Rule 28 of the Bihar Targeted Public Distribution System (Control) Order, 2016

Subjects

  • license suspension
  • public distribution system
  • Rule 28
  • administrative law
  • writ petition
  • quashing order
  • Bihar

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1208 of 2026
                 ======================================================
                 Suresh Paswan, S/o Ganesh Paswan, Resident of Village- Madhaul, P.S.-
                 Maniyari, District- Muzaffarpur.

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Secretary, Food and Consumer Protection
                 Department, Bihar, Patna.
           2.    The Sub-Divisional Officer, West Muzaffarpur.
           3.    The Block Supply Officer, Kurhani, Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Dhananjaya Nath Tiwari, Adv.
                 For the Respondent/s   :     Mr.Government Pleader (2)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   12-03-2026                 The present writ petition has been filed for the

                   quashing of the order dated 03.05.2024, passed by the Sub-

                   Divisional Officer-cum-licensing authority, West Muzaffarpur

                   whereby and whereunder the license of the petitioner bearing

                   APS Code No. 121600200246 has been suspended.

                               2. The short point raised by the petitioner for

                   consideration is that as per rule 28 of Bihar Targeted Public

                   Distribution System (Control) Order, 2016, the period of

                   suspension cannot survive beyond a period of 180 days and

                   during the said period of 180 days of suspension of the license,

                   a final order has to be passed but the same has not been passed

                   in the present case, hence the order dated 03.05.2024, stands

                   vitiated in the eyes of law.
             Patna High Court CWJC No.1208 of 2026(2) dt.12-03-2026
                                                         2/2




                                   3. Having regard to the facts and circumstances of the

                       case and considering the provisions contained in Rule 28 of

                       Bihar Targeted Public Distribution System (Control) Order,

                       2016, this Court finds that the period of suspension of the P.D.S.

                       license of the petitioner has exceeded a period of 180 days,

                       however no final decision has been taken and secondly, the

                       petitioner has already been granted the privilege of anticipatory

                       bail which indicates that neither the petitioner is a fugitive nor

                       he has been sent to jail, hence, the impugned order dated

                       03.05.2024, stands vitiated in the eyes of law, thus is quashed.

                                   4. The writ petition stands allowed.



                                                                 (A. Abhishek Reddy , J)
Bhardwaj/-

U


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