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Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The cancellation order was set aside because the show‑cause notice failed to include a proposal for cancellation as mandated by Rule 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016, thereby denying the petitioner a proper hearing.

Summary

The petitioner, Sonu Kumar, challenged the cancellation of his Public Distribution System (PDS) license (No. 434/2016) by the Sub‑Divisional Officer, who issued a show‑cause notice without stating a proposal for cancellation and gave only 24 hours to respond, without furnishing the inquiry report. The petitioner argued that the notice violated Rule 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016, which requires a clear proposal for cancellation and adequate time to file an explanation. The respondents contended that the petitioner could have appealed to the designated appellate authority and therefore the writ petition was not maintainable. The Court referred to its earlier Full Bench decision in CWJC No.21202 of 2021, which held that a notice lacking a cancellation proposal is invalid. Accordingly, the Court set aside the impugned order, remanded the matter for issuance of a fresh, compliant show‑cause notice with the inquiry report, and directed that the petitioner be given at least ten days to respond and an opportunity of hearing. The writ petition was thereafter disposed of.

Issues considered

  • Whether the show‑cause notice issued by the Sub‑Divisional Officer complied with Rule 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016.
  • Whether the petitioner was denied a fair opportunity to be heard, rendering the cancellation order illegal.
  • Whether the writ petition is maintainable despite the existence of an alternative appellate remedy.

Subjects

  • Public Distribution System
  • License cancellation
  • Show cause notice
  • Writ of certiorari
  • Procedural fairness
  • Administrative law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.148 of 2026
                 ======================================================
                 Sonu Kumar, S/o Kankir Yadav, Resident of Village- Maina, Ward No.01, P.S-
                 Kash Nagar (Sonbarsa), District- Saharsa.
                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar through the Secretary, Food and Consumer Protection
                 Department, Government of Bihar, Patna.
           2.    The Collector-cum-District Magistrate, Saharsa.
           3.    The Sub-Divisional Officer, Sadar, Saharsa.
           4.    The Block Supply Officer, Sonbarsa, Dist. Saharsa.


                                                                            ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. N. K. Agrawal, Sr. Adv.
                                                 Mr. Dhananjaya Nath Tiwari, Adv.
                                                 Mr. Kumar Rajdeep, Adv.
                 For the Respondent/s   :        Mr.Standing Counsel (21)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   19-02-2026                   Heard the learned counsels for the parties.

                                 2. This writ petition has been filed for seeking the

                   following relief(s)

                                            “(i) For issuance of appropriate writ/writs,
                                            order/orders,     direction/directions     in     the
                                            nature of certiorari for quashing the order
                                            contained in Memo No. 1944-2 dated
                                            25.09.2025 passed by the Sub-Divisional
                                            officer-cum-Licensing       Authority,       Sadar,
                                            Saharsa by which he was pleased to cancel
                                            the PDS license of the petitioner being
                                            License No. 434/2016 Code 121400200110
Patna High Court CWJC No.148 of 2026(2) dt.19-02-2026
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                                  on the basis of show cause notice where
                                  there     is    no      stipulation   of     proposed
                                  punishment of cancellation and as such the
                                  order impugned is bad and illegal and fit to
                                  be set aside.
                                  (ii) For issuance of appropriate writ/writs,
                                  order/orders,         direction/directions    to   the
                                  competent authority for correction in the
                                  epos machine of the food grains which was
                                  never     physically       handed     over    to   the
                                  petitioner and the same is showing on the
                                  epos machine of the petitioner.
                                  (iii) For any relief/reliefs for which the
                                  petitioner is entitled in the eye of law.”


                           3. Learned counsel appearing on behalf of the

          petitioner assails the impugned order passed by the Respondent

          No. 3, i.e, the Sub-Divisional Officer on the following grounds.

                             I. That there is no proposal of cancellation as
                             envisaged under Rule 27(2) of the Bihar Targeted
                             Public Distribution System (Control) Order,
                             2016.
                             II. That the authority has granted only 24 hours
                             to the petitioner to file his explanation and the
                             copy of the inquiry report has not been furnished
                             to the petitioner.


                           4.    Further it is stated that the copy of the 2 nd
Patna High Court CWJC No.148 of 2026(2) dt.19-02-2026
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          inquiry report has also not been furnished to the petitioner and

          only 24 hours has been granted to the petitioner to file his

          explanation. Counsel submits that the petitioner has submitted

          his explanation to the second show cause notice dated

          04.09.2025, however, the authorities, except for stating that the

          said explanation is not satisfactory, have not passed a reasoned

          orders. Learned counsel submits that, in view of the judgment

          dated 26.09.2023 passed by the Full Bench of this Hon’ble

          Court in CWJC No. 21202 of 2021 and analogous cases, the

          impugned order is liable to be set aside and the matter remanded

          back to the concerned authorities for issuance of a fresh show

          cause notice along with a copy of the inquiry report, and for

          granting sufficient time to the petitioner to file his explanation,

          and thereafter to pass a reasoned orders.

                       5. Per contra, the learned counsel appearing on behalf

          of the respondents-State has vehemently opposed the very

          maintainability of the writ petition. Learned counsel submits

          that the petitioner is having an alternative and effective remedy

          of filing an appeal before the appellate authority but the

          petitioner     without      availing     the   same   has   straightaway

          approached this Hon’ble Court which is not permissible.

          Counsel submits that the present writ petition may be disposed
Patna High Court CWJC No.148 of 2026(2) dt.19-02-2026
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          of by directing the petitioner to approach the appellate authority.

                      6. 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. ”


                      7. Admittedly as seen from the record, the initial

          inspection of the shop of the petitioner has taken place on

          19.05.2025 and thereafter, a show cause notice was issued to the

          petitioner vide memo no. 1068-2 dated 16.06.2025 (Annexure

          P/1). A perusal of the same reveals that the respondent

          authorities have granted only 24 hours to the petitioner to file

          his explanation and further there is no proposal for cancellation

          of the PDS license of the petitioner. Thereafter the authorities

          have inspected the PDS shop of the petitioner on 04.09.2025

          and the show cause notice was issued on the very same day

          (Annexure P/2) to which the petitioner has made his explanation

          on 18.09.2025 (Annexure P/3). However, the impugned order

          dated 25.09.2025 (Annexure P/4) merely states that the
Patna High Court CWJC No.148 of 2026(2) dt.19-02-2026
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          explanation submitted by the petitioner is not satisfactory.

          Further, it is to be noted that even in the second show cause

          notice there is no proposal for cancellation of the PDS license of

          the petitioner.

                      8. Having regard to the above facts and circumstances

          and also duly taking into account the Judgment of the Hon’ble

          Court passed in CWJC No. 21202 of 2021 and analogous cases,

          the impugned order dated 25.09.2025 passed by the Sub-

          Divisional Officer is set aside. The matter is remanded back to

          the Sub-divisional Officer for issuing a fresh show-cause notice

          to the petitioner strictly in compliance with the provisions of

          Rule 27(ii) of the Control Order, 2016, duly enclosing the copy

          of the inquiry report relies by them and also the statements of

          the beneficiaries if any. The authorities shall grant ample

          opportunity to the petitioner to file his explanation preferably

          within a period of 10 days from the date of the receipt of the

          show cause notice. On receipt of the explanation submitted by

          the petitioner, the authority concern shall pass a reasoned order

          giving the reasons either for accepting or rejecting the

          explanation submitted by the petitioner.

                      9. It is needless to mention that before passing any

          orders, the petitioner shall be given an opportunity of hearing.
             Patna High Court CWJC No.148 of 2026(2) dt.19-02-2026
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                       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.

                                   10. With the above directions, the present writ petition

                       strands disposed of.



                                                          (A. Abhishek Reddy , J)
Bhardwaj/-

U


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