Patna High Court
Ritendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
Mere institution of an FIR is not a valid ground for cancellation of a PDS licence; therefore the cancellation order and the appellate order are quashed.
Summary
Ritendra Kumar’s PDS licence (No. 83/2016) was cancelled on 3 January 2024 by the Sub‑Divisional Officer on the sole ground that an FIR (Sohrai PS Case No. 80 of 2023) had been lodged against him. The petitioner appealed, but the appellate order dismissing his challenge and the subsequent revisional order were also upheld by the respondents. The petitioner filed a writ petition contending that mere institution of an FIR cannot be a valid ground for licence cancellation under the PDS (Control) Order, 2001 and the 2007 notification. The Patna High Court held that the statutory framework does not permit cancellation on the basis of an FIR alone, relying on the decision in Umesh Ram v. State of Bihar (AIR 2014 Patna 113). Consequently, the court quashed the cancellation order and the appellate order, directed immediate restoration of supplies, and clarified that action may be taken only if the petitioner is later convicted.
Issues considered
- Whether the mere institution of a First Information Report constitutes a valid ground for cancellation of a PDS licence under the PDS (Control) Order, 2001 and the 2007 notification.
- Whether the appellate and revisional orders dismissing the petitioner's challenge are legally sustainable.
Legislation cited
- G.S.R. No. 1 dated 20.02.2007 (Rule 7)
- PDS (Control) Order, 2001
Subjects
- PDS licence
- cancellation
- FIR
- writ petition
- administrative law
- food and civil supplies
- quashing order
- procedural fairness
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17331 of 2025
======================================================
Ritendra Kumar, S/o Late Shital Prasad, Mohalla- Addapar, Sohsarai,
Nalanda, Bihar- 803118.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Food and Consumer
Protection Department, Government of Bihar, Patna, Bihar.
2. The Divisional Commissioner, Patna Division, Patna Bihar.
3. The District Magistrate cum Collector, Nalanda, Bihar.
4. The Additional District Magistrate cum Additional Collector, Nalanda,
Bihar.
5. The Sub-Divisional Officer, Bihar Shariff, Nalanda, Bihar.
6. The District Supply Officer, Nalanda, Bihar.
7. The Supply Inspector, Bihar Shariff, Nalanda, Bihar.
8. The Supply Inspector, Asthawa, Nalanda, Bihar.
9. The Supply Inspector, Rahui, Nalanda, Bihar.
10. The Supply Inspector, Noorsarai, Nalanda, Bihar.
11. The District Manager, Bihar State Food and Civil Supplies Corporation Ltd.,
Nalanda.
12. The Assistant Manager (TDPS), Bihar State Food and Civil Supplies
Corporation Ltd., Block Premises, Bihar Shariff, Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ramesh Kumar Agrawal, Adv.
For the Respondent/s : Mr.Addl. Advocate General (05)
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
9 30-06-2026 Heard learned counsel for the parties.
2. The present Writ Petition has been filled for the
following reliefs:-
“i. For issuing appropriate writ/writs,
order/orders, direction/directions quashing
Patna High Court CWJC No.17331 of 2025(9) dt.30-06-2026
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the order dt. 03/01/2024 passed by
Respondent Sub divisional Officer, Bihar
Shariff, Nalanda vide which PDS License
bearing no. 83/2016 of the Petitioner was
cancelled.
ii. For issuing appropriate writ/writs,
order/orders, direction/directions quashing
the appellate order dt. 31.08.2024 passed by
the Respondent Additional Collector,
Nalanda vide which appeal preferred by the
Petitioner against the order of cancellation
of PDS License was dismissed.
iii. For issuing appropriate writ/writs,
order/orders, direction/directions quashing
the Revisional Order dt. 24.07.2025 passed
by the Respondent Divisional Commissioner
vide which Revision preferred by the
Petitioner against the appellate order was
rejected.
iv. For issuing appropriate writ/writs,
order/orders, direction/directions directing
the Respondents to restore the PDS License
no. 83/2016 of the Petitioner and allot the
allotments of the Food grains etc. as was
being allotted prior to the cancellation of the
said license in question.
V. For granting of other reliefs that in the
facts and circumstances of the case would do
complete justice to the Petitioners.”
3. Learned counsel for the petitioner submits that the
solitary ground given in the order dated 03.01.2024 vide Memo
No. 10 for cancelling the PDS licence of the petitioner was that
an First Information Report (F.I.R.) bearing Sohrai P.S. Case
No. 80 of 2023 had been instituted against the petitioner.
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Similarly, the impugned order has been passed on the sole
ground of institution of the aforesaid FIR against the petitioner.
4. Learned counsel for the respondents appears and
has been heard.
5. Having heard the parties and on consideration of
the materials on record, this Court finds merit in the writ
petition. A perusal of the PDS. (Control) Order, 2001 read with
Rule 7 of the notification in G.S.R. No. 1 dated 20.02.2007
makes it clear that mere institution of a First Information Report
would not constitute a valid ground for cancellation of the PDS
licence. This view finds support from the decision of this Court
in Umesh Ram vs. The State of Bihar and others, AIR 2014
Patna 113 as well.
6. In view of the above, the impugned order dated
03.01.2024 is hereby quashed and consequently the appellate
order dated 31.08.2024 is also set aside.
7. Needless to say, supplies to the petitioner shall be
restored without delay.
8. It is made clear that, in case, the petitioner is
subsequently convicted in the criminal case instituted against
him, thereafter, the authorities are free to take necessary action
in accordance with law.
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9. With the above directions, the Writ Petition stands
allowed to the extent indicated.
(A. Abhishek Reddy , J)
Bhardwaj/-
U
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