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Patna High Court

Shri Ashok Kumar Pandey @ Ashok Kumar PandeyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

A show‑cause notice that does not state a proposal for cancellation under Rule 27(ii) is invalid, and any orders based on it must be set aside.

Summary

Ashok Kumar Pandey filed a writ petition challenging the cancellation of his PDS licence (No.33/2021) by the Sub‑Divisional Officer, which was affirmed by the District Magistrate. The petitioner argued that the show‑cause notice issued under Rule 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016, failed to state a proposal for cancellation, rendering it invalid. The respondents contended that the petition was non‑maintainable as all remedies had been exhausted and the licence holder had violated the Order. Relying on a prior full‑bench decision (CWJC No. 21202 of 2021), the court held that a notice under Rule 27(ii) must expressly mention the proposed cancellation; otherwise it does not provide a fair opportunity to be heard. Consequently, the court set aside both the SDO’s order dated 31‑12‑2024 and the District Magistrate’s order dated 15‑04‑2025 and remanded the matter for issuance of a fresh, compliant show‑cause notice. The court directed that the petitioner be given reasonable time to respond and that the authority pass a reasoned order within eight weeks.

Issues considered

  • Whether a show‑cause notice issued under Rule 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016, must expressly mention a proposal for cancellation of the licence.
  • Whether the failure to mention such a proposal renders the notice invalid and the subsequent cancellation orders ultra vires.

Subjects

  • Public Distribution System
  • Licence cancellation
  • Show‑cause notice
  • Rule 27(ii)
  • Administrative law
  • Writ petition
  • Due process

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.16954 of 2025
                 ======================================================
                 Shri Ashok Kumar Pandey @ Ashok Kumar Pandey, Son of Rameshwar
                 Pandey, Resident of Panchayat Kanhauli, Block Baniyapur, PS Baniyapur,
                 District Saran, 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 Collector-cum-District Magistrate, Saran at Chapra, District Saran.
           3.    The Sub Divisional Officer, Sadar Chapra, Saran at Chapra.
           4.    The Block Supply Officer, Baniyapur, Saran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. N. K. Agrawal, Senior Advocate with
                                               Mr. Kumar Rajdeep, Advocate.
                 For the Respondent/s   :      Mr. Government Pleader 26
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

2   21-01-2026                    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 in the
                                             nature of certiorari quashing the order
                                             dated 15.04.2025 passed in Supply
                                             Appeal No. 03/2025 passed by the
                                             District Magistrate, Saran at Chapra,
                                             whereby and whereunder he has
                                             confirmed the order dated 31.12.2024
                                             passed by the Learned SDO-cum-
                                             Licensing Authority, The Sub-Divisional
                                             Officer, Sadar Chapra, Saran at Chapra.
                                             (ii) Further for quashing the order dated
                                             31.12.2024 passed by the Learned SDO-
Patna High Court CWJC No.16954 of 2025(2) dt.21-01-2026
                                           2/5




                                      cum-Licensing Authority Sadar Chapra,
                                      Saran at Chapra by which the PDS
                                      License of the petitioner being License
                                      No. 33/2021 has been cancelled.”

                           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 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
Patna High Court CWJC No.16954 of 2025(2) dt.21-01-2026
                                           3/5




          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 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
Patna High Court CWJC No.16954 of 2025(2) dt.21-01-2026
                                           4/5




          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 dated

          15.04.2025 passed by the District Magistrate, Saran at Chapra

          and the order dated 31.12.2024 passed by the Sub-Divisional

          Officer-cum-Licensing Authority, Sadar Chapra, Saran at

          Chapra are both 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.

                      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
           Patna High Court CWJC No.16954 of 2025(2) dt.21-01-2026
                                                      5/5




                     date of receipt of a copy of this order. Any order passed shall

                     be 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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