Patna High Court
Kartik PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The Court held that the show‑cause notice was procedurally defective and set aside the cancellation orders, remanding the matter for a fresh notice in compliance with Order 27(ii).
Summary
The petitioner, Kartik Paswan, challenged the cancellation of his PDS licence (No. 41/2016) issued by the Sub‑Divisional Officer, alleging that the show‑cause notice did not attach the enquiry report nor mention a proposal for cancellation, violating Order 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016. He contended that the appellate authorities mechanically dismissed his revision without addressing these procedural defects, breaching principles of natural justice. The respondents argued that the writ petition was not maintainable because a revision before the Commissioner was an alternative remedy. The High Court examined prior judgments (CWJC No.253 of 2014 and CWJC No.21202 of 2021) which held that a valid show‑cause notice must disclose the proposed cancellation and the enquiry report. Finding the notice defective, the Court set aside the orders dated 29‑07‑2021, 18‑07‑2022, and 30‑01‑2024, and remanded the matter for issuance of a fresh, compliant notice. The petition was allowed, directing the authorities to follow the procedural requirements and afford the petitioner a hearing within eight weeks.
Issues considered
- Whether the show‑cause notice issued under Order 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016, is valid without attaching the enquiry report and stating the proposal for licence cancellation.
- Whether the petitioner has an alternative and efficacious remedy that bars the writ petition.
- Whether the appellate authorities erred in dismissing the revision without addressing the procedural defect.
Subjects
- PDS licence
- show-cause notice
- natural justice
- procedural fairness
- Bihar Targeted Public Distribution System
- administrative law
- revocation of licence
- Rule 27(ii)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17126 of 2025
======================================================
Kartik Paswan, S/o Late Kesho Paswan, resident of village- Malikpur, P.S. -
Pirpainti, District- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Addl. Chief Secretary, Food and Consumer
Protection Department, Bihar, Patna.
2. The Divisional Commissioner, Bhagalpur.
3. The Collector, Bhagalpur.
4. The District Supply Officer, Bhagalpur.
5. The Sub-Divisional Officer, Kahalgaon, Bhagalpur.
6. The Block Supply Officer, Pirpainti, Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mukesh Kumar Jha, Adv.
For the Respondent/s : Mr.Standing Counsel (26)
Mr. Tripurari Nath Ambestha, AC to SC 26
======================================================
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 relief(s):-
“(i) For quashing the order dated 30.01.2024
passed by the learned Divisional Commissioner,
Bhagalpur in Supply Revision Case No.
47/2022-23 whereby the revision filed by the
petitioner was dismissed and the order of
learned Collector, Bhagalpur dated 18.07.2022
affirming the order of S.D.O. Kahalgaon dated
29.07.2021 cancelling the PDS Licence, has
been affirmed.
(ii) For quashing the order dated 18.07.2022
Patna High Court CWJC No.17126 of 2025(2) dt.21-01-2026
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passed by the learned Collector, Bhagalpur in
Supply Appeal Case No. 346/2021-22 by which
the order cancelling P.D.S. License dated
29.07.2021 passed by the learned S.D.O.,
Kahalgaon has been affirmed and appeal was
dismissed.
(iii) For quashing the order contained in Memo
No. 680 dated 29.07.2021 passed by the learned
S.D.O., Kahalgaon whereby the PDS License of
the petitioner vide License No. 41/2016 has
been cancelled.
(iv) Further direct the respondent concern to
restore the PDS License of the petitioner vide
License No. 41/2016.”
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 and there is no proposal for cancellation of
the license in the show-cause notice.
4. 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’)
5. Further learned counsel has relied on the judgment
Patna High Court CWJC No.17126 of 2025(2) dt.21-01-2026
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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
and against the principle of natural justice and equity.
6. Learned counsel has further stated that petitioner
has taken the above ground in the appeal, but the appellate
authority has not dealt with the above ground and dismissed the
appeal in a mechanical manner.
7. Learned counsel for the petitioner has also relied on
the judgment of the Full Court 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.
8. Learned counsel has stated in view of the above
mentioned provisions of law and judgments 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 Order,
2016 and also furnish a copy of the enquiry report along with
the said show-cause notice and thereafter take necessary action.
9. Per contra, the learned counsel appearing on behalf
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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 a revision before the
Commissioner. Learned counsel has therefore prayed this
Hon’ble Court to dismiss the present writ petition.
10. 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
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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."
11. 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. ”
12. 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.
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13. 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
30.01.2024 passed by the Divisional Commissioner, order dated
18.07.2022 passed by the appellate authority and the order dated
29.07.2021 passed by the Sub-Divisional Officer are set aside.
The matter is remanded back to the Sub-divisional Officer
(Respondent No. 5) 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.
14. 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.
15. 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
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of receipt of a copy of this order. Any order passed shall be
communicated to the petitioner.
16. With the above directions, this Writ Petition is
allowed to the extent indicated above.
(A. Abhishek Reddy , J)
Bhardwaj/-
U
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