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Patna High Court

Mahesh RamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The cancellation order is set aside and the matter remanded for issuance of a fresh show‑cause notice in compliance with Rule 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016.

Summary

Mahesh Ram filed a writ petition challenging the cancellation of his licence under the Bihar Targeted Public Distribution System (Control) Order, 2016. He alleged that the issuing authority violated Rule 27(ii) by not attaching the enquiry report, not indicating a proposal for cancellation, and not providing the Block Supply Officer’s opinion, thereby denying him a fair hearing. The State argued that the petitioner had a statutory remedy under Section 32 of the same Order and that the writ was not maintainable. The High Court, relying on its earlier decisions, held that the show‑cause notice was defective and that procedural safeguards under Rule 27(ii) were mandatory. Consequently, the court set aside the cancellation order, remanded the matter for a fresh, compliant notice, and directed the authority to furnish the enquiry report and allow the petitioner an opportunity to be heard within a stipulated time.

Issues considered

  • Whether the show‑cause notice issued under the Bihar Targeted Public Distribution System (Control) Order, 2016 complied with Rule 27(ii).
  • Whether the failure to attach the enquiry report and to propose cancellation renders the notice invalid.
  • Whether the petitioner is required to first pursue the statutory appeal under Section 32 before approaching the High Court.
  • Whether the cancellation order can be set aside on grounds of procedural irregularity.

Subjects

  • Public Distribution System
  • License cancellation
  • Show‑cause notice
  • Procedural fairness
  • Administrative law
  • Bihar Targeted Public Distribution System (Control) Order
  • Rule 27(ii)
  • Section 32

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.16819 of 2025
                 ======================================================
                 Mahesh Ram, Son of Mukh Lal Ram, resident of village- Maubehat, Ward
                 No. 6, P.O. and P.S. - Manigachhi, District- Darbhanga, Pin Code- 847423.

                                                                         ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through its Principal Secretary, Food and Consumer
                 Protection Department, Bihar, Patna.
           2.    The Additional Secretary, Food and Consumer Protection Department,
                 Bihar, Patna.
           3.    The Collector, Darbhanga.
           4.    The District Supply Officer, Darbhanga.
           5.    The Licensing Authority cum Sub-Divisional Officer, Sadar, Darbhanga.
           6.    The Block Supply Officer, Manigachhi, Darbhanga.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Kaushalesh Choudhary, Advocate.
                 For the Respondent/s   :     Ms. Binita Singh, SC 28 with
                                              Mr. Ujjawal Bhushan, AC to SC 28.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

2   21-01-2026                   Without going into the merits or demerits of the

                   case, the present writ petition is disposed of at the stage of

                   admission with the consent of both the Counsels.

                                 2. Learned counsel appearing on behalf of the

                   petitioner submits that the authority has issued the notice

                   without complying with the provisions of the Bihar Targeted

                   Public Distribution System (Control) Order, 2016 more

                   particularly Rule 27(ii). Learned counsel has stated that the copy
Patna High Court CWJC No.16819 of 2025(2) dt.21-01-2026
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          of the enquiry report was also not given to the petitioner and

          there is no proposal for cancellation in the said show-cause

          notice issued to the petitioner. Further, it is stated that though

          the petitioner has given suitable reply to the authority to the said

          show-cause notice, the authority has called for the opinion of

          the Block Supply Officer and the said opinion of the Block

          Supply Officer was also not served to the petitioner and

          straightaway the authority has passed the impugned order of

          cancellation solely based on the opinion of the Block Supply

          Officer. Learned counsel has stated that the authority has not

          adverted to the explanation filed by the petitioner to the show-

          cause notice dated 12.03.2025, therefore, prays this Hon’ble

          Court to allow the present writ petition and set aside the entire

          proceedings.

                      3. Per contra, the learned counsel appearing on behalf

          of the Respondent-State has vehemently opposed the very

          maintainability of the present writ petition. Learned counsel has

          stated that the petitioner is having an effective and efficacious

          remedy of filing an appeal before the District Magistrate

          against the order of the Sub-Divisional Officer. Learned counsel

          has further stated that the petitioner may be directed to file a

          statutory appeal as provided under Section 32 of the Bihar
Patna High Court CWJC No.16819 of 2025(2) dt.21-01-2026
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          Targeted Public Distribution System (Control) Order and prayed

          for dismissing the present writ petition.

                      4. 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 food- grains 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 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.
Patna High Court CWJC No.16819 of 2025(2) dt.21-01-2026
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                                                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.”

                      5. Further 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.”

                      6. 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 and that there is no

          proposal of the action sought to be taken against the petitioner.
Patna High Court CWJC No.16819 of 2025(2) dt.21-01-2026
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                      7. 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 09.09.2025 in Memo No.

          716 passed by the Licensing Officer-cum-Sub-Divisional

          Officer, Sadar Darbhanga 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 and also

          furnish a copy of the enquiry report along with the Show Cause

          Notice to the petitioner and call for his explanation by giving

          reasonable time.

                      8. 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 orders strictly in

          accordance with law duly taking into consideration 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

          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
           Patna High Court CWJC No.16819 of 2025(2) dt.21-01-2026
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                     communicated to the petitioner.

                                 10. With the above directions, this Writ Petition stands

                     allowed to the extent indicated.



                                                         (A. Abhishek Reddy, J)
shakir/-

U


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