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Patna High Court

Marachhu Bhuiyan @ Mrachhu BhuiyaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The cancellation order is set aside as it violated natural justice; the petition is allowed and the licence must be restored after due process.

Summary

The petitioner, Marachhu Bhuiyan, a holder of a PDS licence, challenged the cancellation of his licence by the Sub‑Divisional Officer, who issued a show‑cause notice without attaching the enquiry report on which the cancellation was based. He filed a writ petition seeking quash of the cancellation order and restoration of his licence, contending a breach of natural justice. The respondents argued that the petition was not maintainable because an appeal before the District Magistrate was an alternative remedy. The Court, relying on its earlier judgment in CWJC No. 253 of 2014, held that failure to provide the enquiry report with the show‑cause notice violates the principles of natural justice and renders the cancellation order illegal. Consequently, the Court set aside the cancellation order and remanded the matter to the Sub‑Divisional Officer to furnish the report, allow the petitioner to be heard, and pass a reasoned order within a stipulated time. The writ petition was therefore allowed and the licence restoration directed.

Issues considered

  • Whether the cancellation of a PDS licence 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
  • due process
  • PDS licence cancellation
  • show‑cause notice
  • writ petition
  • administrative law
  • public distribution system

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.16895 of 2025
                 ======================================================
                 Marachhu Bhuiyan @ Mrachhu Bhuiya, Son of Shri Bhawan Bhuiya,
                 Resident of Panchayat Belwa, Police Station Daudnagar, Block Daudnagar,
                 District Aurangabad, Bihar.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Department of Food and
                 Consumer Protection, Government of Bihar, Patna.
           2.    The District Magistrate, Aurangabad.
           3.    The District Supply Officer, Aurangabad.
           4.    The Sub-Divisional Officer, Daudnagar, Aurangabad.
           5.    The Block Supply Officer, Daudnagar, Aurangabad.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Kumar Ravish, Advocate.
                 For the Respondent/s   :      Mr. Birju Prasad, GP 13 with
                                               Ms. Shweta Anand, AC to GP 13.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

2   21-01-2026                   Heard learned counsel for the parties.

                                 2. The present Writ Petition has been filed for the

                   following reliefs:-

                                                         “(i) To quash and set aside the PDS
                                             license cancellation order dated 20.04.2024
                                             (Annexure P/4) passed in Fair Price Shop Case
                                             No.      01/Daudnagar/2023      whereby      and
                                             wherunder the petitioner’s PDS License No.
                                             01/D/2008 has been cancelled by the licensing
                                             authority Respondent No. 4, Sub Divisional
                                             Officer, Aurangabad contrary to the mandate of
                                             law.
                                                         (ii)    For    issuance      of     a
                                             writ/order/command directing the Respondents
                                             to restore the petitioner’s PDS Licence No.
                                             01/D/2008 with all consequential rights, benefits
Patna High Court CWJC No.16895 of 2025(2) dt.21-01-2026
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                                     and privileges.”
                      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 non-

          supply of the enquiry report along with the show-cause is bad

          in law 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 the 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

          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
Patna High Court CWJC No.16895 of 2025(2) dt.21-01-2026
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          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 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.
                                                 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."
Patna High Court CWJC No.16895 of 2025(2) dt.21-01-2026
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                      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 20.04.2024 passed by the

          Sub-Divisional Officer, Daudnagar, Aurangabad is set aside.

          The matter is remanded back to the Sub-Divisional Officer for

          furnishing 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
           Patna High Court CWJC No.16895 of 2025(2) dt.21-01-2026
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                     communicated to the petitioner.

                                 12. With the above directions, the present Writ

                     Petition is allowed to the extent indicated.



                                                         (A. Abhishek Reddy, J)
shakir/-

U


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