Patna High Court
Sunil Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The order cancelling the licence is set aside as it does not comply with Rule 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016.
Summary
Sunil Kumar Singh challenged the cancellation of his PDS licence (No.22/2019) by the Sub‑Divisional Officer, who issued a memo on 10‑Feb‑2025 without a proper show‑cause notice as required by Rule 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016. The High Court had earlier set aside the cancellation on 21‑Oct‑2024, directing a fresh notice, but the authority’s subsequent notices of 22‑Jan‑2025 and 30‑Jan‑2025 still omitted the proposed cancellation. Relying on its earlier order and a larger bench judgment, the Court held the impugned order invalid, quashed it, and remanded the matter for the authority to issue a compliant show‑cause notice, include any inquiry report, afford a hearing, and pass a reasoned order within twelve weeks. The petition was thereafter disposed.
Issues considered
- Whether the cancellation of the PDS licence without a show‑cause notice complying with Rule 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 is valid.
- Whether the authority violated principles of natural justice by not providing the petitioner an opportunity to be heard.
Subjects
- PDS licence
- show cause notice
- natural justice
- administrative law
- Bihar Targeted Public Distribution System
- certiorari
- mandamus
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16148 of 2025
======================================================
Sunil Kumar Singh S/o Suresh Prasad Singh, Resident of Nariyal Ghat,
Takiyapar, PS Danapur, District Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Food and Consumer Protection
Department, Bihar, Patna.
2. The Collector-cum-District Magistrate, Patna.
3. The Sub-Divisional Officer cum Licensing Authority, Danapur, Dist. Patna.
4. The Sub-Divisional Welfare Officer, Danapur, Dist. Patna.
5. The Block Development Officer, Danapur, Dist. Patna.
6. The Block Supply Officer, Maner, Danapur, Dist Patna.
7. The Block Supply Officer, Danapur, Urban Area, Dist Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjaya Nath Tiwari, Adv.
For the Respondent/s : Mr. Government Advocate (7)
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 19-01-2026 Heard learned counsel for the parties.
2. The present writ petition has been filed for 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. 07Mu/Aa, dated
10.02.2025 passed by the Learned Sub-Division
Officer-cum-Licensing authority Danapur
(Patna) by which he has cancelled the PDS
license of the petitioner being License No.
22/2019 on the basis of notice where is no
stipulation of proposed cancellation and that
Patna High Court CWJC No.16148 of 2025(2) dt.19-01-2026
2/4
too by a cryptic and non-speaking order.
(ii) 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. 22/2019.”
3. This Court vide order dated 21.10.2024 passed in
CWJC No. 9392 of 2024 on earlier occasion had set aside the
order passed by the Sub-Divisional Officer solely on the ground
that the show cause notice issued to the petitioner was not in
accordance with the Rule 27(ii) of the Bihar Targeted Public
Distribution System (Control) Order, 2016. While disposing the
CWJC, this Court has specifically directed the Sub-Divisional
Officer to issue a fresh show cause notice to the petitioner
strictly in compliance with the provisions of Rule 27(ii) of the
Bihar Targeted Public Distribution System (Control) Order,
2016 and give him an opportunity of filing a fresh explanation
to the said show-cause notice and thereafter pass a reasoned
order. However, the authority has issued the notices dated
22.01.2025 (Annexure (P/9) and 30.01.2025 (Annexure (P/10)
which does not contain the proposal for cancellation.
4. Having due regard to the earlier order dated
21.10.2024 passed by this Court in CWJC No. 9392 of 2024 and
Patna High Court CWJC No.16148 of 2025(2) dt.19-01-2026
3/4
also the Judgment of the larger Bench passed in CWJC No.
21202 of 2021 and analogous cases dated 26.09.2023, this Court
has no other option but to set aside the impugned order dated
10.02.2025 passed by the Sub-Divisional Officer and remand
the matter back to the authority concerned. The authority
concerned shall issue a fresh show cause notice strictly in
compliance with the provisions of Rule 27(ii) of the Bihar
Targeted Public Distribution System (Control) Order, 2016 duly
giving an opportunity to the petitioner for filing his explanation
within a stipulated time. In case the authority is relying on any
inquiry report on statements of the beneficiaries the same shall
also be enclosed along with the said show cause notice. After
receipt of the explanation by the petitioner, the authority shall
pass a reasoned order duly taking into account the explanation
submitted by the petitioner. The entire exercise shall be
completed as expeditiously as possible preferably within a
period of twelve weeks from the date of receipt of a copy of this
order.
5. It is needless to mention that before passing any
order the petitioner shall be given an opportunity of hearing.
Any order passed shall be communicated to the party.
6. With the above directions, the present writ petition
Patna High Court CWJC No.16148 of 2025(2) dt.19-01-2026
4/4
stands disposed of.
(A. Abhishek Reddy , J)
Gauravkr/-
U
Checking your session…