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Patna High Court

Lalan RamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

A show‑cause notice under Rule 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 must disclose the proposal for cancellation and attach the enquiry report; otherwise the notice is invalid and any order based on it must be set aside.

Summary

The petitioner, Lalan Ram, challenged the cancellation of his PDS licence on the ground that the show‑cause notice issued by the Sub‑Divisional Officer neither attached the enquiry report nor mentioned a proposal for cancellation, contrary to Rule 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016. He sought quashing of the cancellation order, restoration of the licence and a stay on the notice. The respondents argued that the writ petition was not maintainable because a revision before the Commissioner was an alternative remedy. The High Court, relying on its earlier judgments in CWJC No.253 of 2014 and CWJC No.21202 of 2021, held that a notice under Rule 27(ii) must contain both the proposal for cancellation and the enquiry report to satisfy natural justice. Consequently, the court set aside the memo dated 11‑09‑2025 and remanded the matter to the Sub‑Divisional Officer to issue a fresh, compliant show‑cause notice. The writ petition was allowed with directions for expeditious compliance.

Issues considered

  • Whether a show‑cause notice issued under Rule 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 is invalid if it does not include the enquiry report and a clear proposal for licence cancellation.
  • Whether the petitioner has an alternative and efficacious remedy of filing a revision, thereby rendering the writ petition non‑maintainable.
  • Whether the cancellation order based on the defective notice can be set aside and the licence restored.

Subjects

  • PDS licence
  • show‑cause notice
  • natural justice
  • Rule 27(ii)
  • Bihar Targeted Public Distribution System
  • licence cancellation
  • writ petition
  • administrative law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.17399 of 2025
                 ======================================================
                 Lalan Ram, Son of Late Kalpati Ram, Damodarpur, Damodarpur, Bhojpur,
                 Bihar 802166.

                                                                                  ... ... Petitioner/s
                                                        Versus

           1.    The State of Bihar through the Principal Secretary, Food and Civil Supplies
                 Department, Bihar, Patna.
           2.    The Principal Secretary, Food and Civil Supplies Department, Bihar, Patna.
           3.    The Divisional Commissioner, Patna.
           4.    The District Magistrate, Bhojpur, Arrah.
           5.    The Sub-Divisional Magistrate, Jagdishpur, Bhojpur.
           6.    The Block Supply Officer, Shahpur, Bhojpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :      Mr. Sanjeev Kr. Mishra, Sr. Adv.
                                                   Mrs.Adya Pandey, Adv.
                 For the Respondent/s       :      Mr.Addl. Advocate General (04)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   22-01-2026                    Heard learned counsel for the parties.

                                        2. The present writ petition has been filed for the

                   following relief(s):-

                                         “i. For quashing the order contained in memo
                                         no. 1352 dated 11.09.2025 issued under the
                                         signature of Respondent Sub-Divisional Officer
                                         whereby and where under PDS Licence no. 52
                                         of 2016 of the petitioner was cancelled.
                                         ii. For quashing the order contained in memo
                                         no. 1301 dated 05.09.2025 issued under the
                                         signature of Respondent Sub-Divisional Officer
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                            whereby and where under the petitioner has
                            been directed to file showcause for irregularities
                            found by the Respondent Block Supply Officer
                            Shahpur.
                             Iii. For restoring the PDS license no. 52 of
                            2016 of the petitioner.
                             iv. during the pendency of the present writ
                            petition. Notice contained in letter no. 14 dated
                            08.01.2025 issued vide letter no.14 under the
                            signature of Block Supply Officer Jagdishpur
                            may be kept in abeyance
                             V. Any other order(s) as Your Lordships may
                            deem      fit   and proper    in the   facts   and
                            circumstances of the case be granted to the
                            petitioner.”


                           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.17399 of 2025(2) dt.22-01-2026
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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.

                      13.    Having       regard     to   the   above   facts   and
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          circumstances and the law laid down by this Hon’ble Court, the

          present CWJC is allowed. The impugned order dated

          11.09.2025 passed by the Sub-Divisional Officer is 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

          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
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                       allowed to the extent indicated above.



                                                         (A. Abhishek Reddy , J)
Bhardwaj/-

U


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