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Patna High Court

Hari Ballav DasversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

A show‑cause notice that fails to state a proposal for cancellation under Rule 27(ii) of the Bihar TPD System Control Order, 2016, is invalid, rendering the cancellation and appellate orders void.

Summary

The petitioner, Hari Ballav Das, challenged the cancellation of his PDS license by the Sub‑Divisional Officer, arguing that the show‑cause notice dated 26‑12‑2022 did not state a proposal for cancellation as required by Rule 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016. The petitioner also contested the appellate order of the Collector dated 21‑04‑2025, claiming it reiterated the same procedural defect. Relying on a prior full‑bench decision (CWJC No.21202 of 2021) that a notice must expressly mention a cancellation proposal, the court examined whether the notice was legally valid. The court held that the notice was defective, rendering the cancellation and appellate orders ultra vires. Consequently, both orders were set aside and the matter remanded to the Sub‑Divisional Officer to issue a fresh, compliant show‑cause notice and afford the petitioner a hearing. The petitioner was directed to submit his explanation within the stipulated time and the authority to pass a reasoned order thereafter.

Issues considered

  • Whether a show‑cause notice issued under Rule 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016, is valid if it does not expressly mention a proposal for cancellation of the license.
  • Whether the cancellation order and the subsequent appellate order can be quashed on the ground of procedural non‑compliance with the Control Order.
  • Whether the petitioner is entitled to restoration of his PDS license pending compliance with the proper notice procedure.

Subjects

  • license cancellation
  • show‑cause notice
  • Bihar Targeted Public Distribution System
  • Rule 27(ii)
  • administrative law
  • certiorari
  • mandamus
  • procedural fairness

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.14851 of 2025
                 ======================================================
                 Hari Ballav Das S/o Late Sugdev Das, Resident of Village- Mahishi North,
                 Ward No. 06, Panchayat- Mahishi, P.S.- Mahishi, District- Saharsa.

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Secretary, Food and Consumer Protection
                 Department, Bihar, Patna.
           2.    The Collector-cum-District Magistrate, Saharsa.
           3.    The Sub-Divisional Officer Sadar-cum-Licensing Authority, Saharsa.
           4.    The Block Supply Officer, Mahishi, Dist. Saharsa.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. N.K. Agrawal, Adv.
                                                  Mr. Dhananjaya Nath Tiwari, Adv.
                 For the Respondent/s    :        Mr. Standing Counsel (16)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   12-01-2026                      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. 1784/Go. Saharsa dated
                                             26.12.2022 passed by the Learned Sub-Division
                                             Officer Sadar Saharsa-cum-Licensing authority
                                             by which he has cancelled the PDS license of
                                             the petitioner being License No. 186/2016 (FPS
                                             Code No. 121400200891) on the basis of a
                                             notice where is no stipulation of proposed
                                             cancellation.
                                                        (ii) For issuance of appropriate
Patna High Court CWJC No.14851 of 2025(2) dt.12-01-2026
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                                  writ/writs, order/orders, direction/directions in
                                  the nature of certiorari for quashing the order
                                  dated 21.4.2025 passed in Supply Appeal No.
                                  01/2023 passed by the Learned Collector cum-
                                  District Magistrate, Saharsa dismissed the
                                  statutory appeal in the same manner as of the
                                  Licensing authority that too without considering
                                  the grounds raised on behalf of the petitioner.
                                              (iii) For issuance of appropriate
                                  writ/writs, order/orders, direction/directions in
                                  the nature of mandamus commanding the
                                  respondents to restore the license of the
                                  petitioner being License No. 186/2016 (FPS
                                  Code No. 121400200891).”



                      3. Learned counsel appearing on behalf of the

          petitioner has stated that in the Show Cause Notice issued by the

          Sub-Divisional Officer there is no proposal for cancellation of

          the license. 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’).

                      4. Learned counsel for the petitioner has relied on the

          judgment of the full Bench 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
Patna High Court CWJC No.14851 of 2025(2) dt.12-01-2026
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          notice is bad in law and contrary to Rule 27(ii) of the Control

          Order, 2016.

                      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 issuing a fresh

          show-cause notice in terms of order 27(ii) of the Control Order,

          2016 and thereafter take necessary action.

                      6. 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 exhausted

          all the remedies and all the authorities have found that the

          petitioner has violated the provisions of the Control Order,

          2016. Learned counsel has therefore prayed this Hon’ble Court

          to dismiss the present writ petition.

                      7. 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
Patna High Court CWJC No.14851 of 2025(2) dt.12-01-2026
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                                  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. ”
                      8. A perusal of the show-cause notice issued to the

          petitioner does not reveal that there is any proposal of the action

          sought to be taken against the petitioner. Therefore, the same

          has to held as bad, illegal, contrary to the provisions of Rule

          27(ii) of the Control Order and has to necessarily set aside.

                      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 passed by the Sub Divisional

          Officer dated 26.12.2022 as well as the order passed by the

          Appellate Authority dated 21.04.2025 are 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

          and call for his explanation by giving him 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.
             Patna High Court CWJC No.14851 of 2025(2) dt.12-01-2026
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                                   11. 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.

                                   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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