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Patna High Court

Kamleshwar PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The cancellation order is set aside as it violated natural justice, and the petition is allowed.

Summary

Petitioner Kamleshwar Paswan challenged the cancellation of his PDS license (No. 34/2016) by the Sub‑Divisional Officer, who issued a show‑cause notice on 13‑08‑2024 without attaching the enquiry report. The petitioner argued that this breach of natural justice rendered the cancellation invalid. The respondents contended that the writ petition was not maintainable because an appeal before the District Magistrate was available. Relying on Patna High Court judgment CWJC No.253 of 2014, the court held that failure to provide the enquiry report violates the principles of natural justice and that the writ petition is maintainable. Consequently, the court set aside the cancellation order and remanded the matter to the licensing authority to furnish the enquiry report and give the petitioner a reasonable opportunity to be heard.

Issues considered

  • Whether cancellation of a PDS license without furnishing the enquiry report with the show‑cause notice violates the principles of natural justice.
  • Whether the writ petition is maintainable despite the existence of an alternative remedy of appeal before the District Magistrate.

Subjects

  • natural justice
  • PDS license cancellation
  • show‑cause notice
  • writ petition
  • administrative law
  • Bihar Targeted PDS Control Order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.13924 of 2025
                 ======================================================
                 Kamleshwar Paswan S/o Late Ram Sharan Paswan Resident of Village-
                 Shahpur, Govindpur, Panchayat-Gorigama, P.S.-Mahnar, District-Vaishali.

                                                                       ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Secrtary, Food and Consumer Protection
                 Department, Bihar, Patna.
           2.    The District Magistrate-Cum-Collector, Vaishali at Hajipur.
           3.    The Sub-Divisional Officer-Cum-Licensing Authority, Mahnar, District-
                 Vaishali.
           4.    The Block Supply Officer, Mahnar, District-Vaishali.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. N.K. Agrawal, Sr. Adv.
                                                 Mr. Kumar Rajdeep, Adv.
                 For the Respondent/s   :        Mr. Standing Counsel (04)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

4   29-01-2026                    Heard learned counsel for the parties.

                                 2. The present writ petition has been filed for the

                   following relief(s):-

                                                         1. That the present writ application is
                                            being filed on behalf of the petitioner for
                                            issuance of appropriate writ/writs, order/orders,
                                            direction/directions in the nature of certiorari
                                            for quashing the order dated 13.08.2024
                                            contained     in   Memo      No.   292/Aa     dated
                                            13.08.2024 passed by the Learned Sub-
                                            Divisional     Officer   Mahnar    -cum-Licensing
                                            authority, by which he was pleased to cancel the
                                            PDS license of the petitioner being License No.
                                            34/2016 on the basis of a notice where there is
                                            no stipulation of proposal of cancellation of
Patna High Court CWJC No.13924 of 2025(4) dt.29-01-2026
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                                  license in terms of Rule 27(2) of Bihar Targeted
                                  PDS Control order 2016 and as such the order
                                  impugned dated 13.08.2024 is fit to be set aside
                                  by this Hon'ble court and further be pleased to
                                  restore the license and supply of the petitioner.”



                      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.

                      4. 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

          nonsupply of the enquiry report along with the show-cause is

          bad and against the principle of natural justice and equity.

                      5. Learned counsel has stated in view of the above

          mentioned provisions of law and judgment relied by the

          petitioner, the impugned order may be set aside and matter

          remanded back to the authorities concerned for furnishing a

          copy of the enquiry report and any other material that they seek

          to rely on and give an opportunity of filing his explanation and

          thereafter take necessary action.

                      6. Per contra, the learned counsel appearing on behalf

          of the respondents has vehemently opposed the very
Patna High Court CWJC No.13924 of 2025(4) dt.29-01-2026
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          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 an appeal before the

          District Magistrate. Learned counsel has therefore prayed this

          Hon’ble Court to dismiss the present writ petition.

                      7. This Court in CWJC No.253 of 2014 dated

          11.03.2015 held as under:

                                              "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 foodgrains
                                  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
Patna High Court CWJC No.13924 of 2025(4) dt.29-01-2026
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                                  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 formed the basis to drive home
                                  the   charges.      The     orders      impugned     are
                                  indefensible and cannot be upheld."



                      8. 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.

                      9. 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 13.08.2024 passed by the

          Sub-Divisional Officer is set aside. The matter is remanded back

          to the Sub-divisional Officer (Respondent No. 3) for furnishing
             Patna High Court CWJC No.13924 of 2025(4) dt.29-01-2026
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                       a copy of the enquiry report and any other material relied on the

                       petitioner and call for his explanation by giving reasonable time.

                                   10. 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 order strictly in

                       accordance with law duly taking into consideration the

                       explanation submitted by the petitioner.

                                   11. It is needless to mention that before passing any

                       order, 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.

                                   12. With the above directions, this Writ Petition is

                       allowed to the extent indicated above.



                                              (A. Abhishek Reddy , J)
Gauravkr/-

U


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