Patna High Court
Marachhu Bhuiyan @ Mrachhu BhuiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
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."
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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
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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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