Created by Fuzzy Cloud

Patna High Court

Vijay PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The cancellation order is set aside and the matter remanded for issuance of a fresh show‑cause notice in compliance with Order 27(ii) and natural‑justice requirements.

Summary

Vijay Paswan challenged the cancellation of his fair‑price shop licence issued by the Sub‑Divisional Officer under the Bihar Targeted Public Distribution System (Control) Order, 2016. He argued that the show‑cause notice did not attach the enquiry report nor state a proposal for cancellation, violating Order 27(ii) and the principles of natural justice. The respondents contended 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, held that the omission of the enquiry report and the failure to mention the proposed cancellation rendered the notice invalid. Consequently, the court set aside the impugned order and remanded the matter for a fresh, compliant show‑cause notice, directing the authority to provide the enquiry report and afford a hearing.

Issues considered

  • The show‑cause notice complied with Order 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016
  • Whether the omission of the enquiry report and the proposal for cancellation violates natural justice
  • Whether the writ petition is maintainable despite the availability of a revision remedy

Subjects

  • fair price shop
  • license cancellation
  • show cause notice
  • natural justice
  • Bihar Targeted Public Distribution System
  • Rule 27(ii)
  • writ petition
  • administrative law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.18327 of 2025
                 ======================================================
                 Vijay Paswan, S/o Ram Gulam Paswan, resident of village- Tiura, P.S.-
                 Chutiya, District- Rohtas.
                                                                             ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through the Principal Secretary, Department of Food and
                  Consumer Protection, Govt. of Bihar, Patna.
           2.    The District Magistrate, Rohtas at Sasaram.
           3.    The Sub Divisional Officer, Dihri, District- Rohtas at Sasaram.
           4.    The District Supply Officer, Rohtas at Sasaram.
           5.    The Block Supply Officer, Nauhatta Block, District- Rohtas at Sasaram.
                                                                         ... ... Respondent/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Ajay Kumar Sinha, Adv.
                 For the Respondent/s   :       Mr.Government Pleader 03
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER
2   27-01-2026                  Head learned counsel for the parties.

                                   2. The present writ petition has been filed for the

                   following relief(s):-

                                    “(i) To issue an appropriate order/s, direction/s
                                    including a writ preferably in the nature of
                                    CERTIORARI for quash the order as contained
                                    in Memo No. 151, dated 22-02-2025 issued by
                                    the learned S.D.O. Dihri, District- Rohtas at
                                    Sasaram (Hereinafter referred to as Licensing
                                    Authority under the Bihar Targeted Public
                                    Distribution System (Control) order 2016)
                                    whereby and where under he has cancel the fair
                                    price shop license of the petitioner for
                                    committing illegality and irregularity in
                                    distribution of food grains amongst to the
                                    consumers and directed to Block Supply Officer,
                                    Nauhatta, Rohtas to tagged the consumers of
                                    petitioner with the nearest fair price shop
                                    dealer.
Patna High Court CWJC No.18327 of 2025(2) dt.27-01-2026
                                           2/6




                             (ii) To direct the respondent NO. 03 the S.D.O.,
                            Dihri, Rohtas to restore the P.D.S. dealership
                            license of the petitioner henceforth with taking
                            into the consideration that the same is only
                            means of earning livelihood.”

                           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

          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.
Patna High Court CWJC No.18327 of 2025(2) dt.27-01-2026
                                           3/6




                      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

          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:
Patna High Court CWJC No.18327 of 2025(2) dt.27-01-2026
                                           4/6




                                  "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
Patna High Court CWJC No.18327 of 2025(2) dt.27-01-2026
                                           5/6




                                  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

          circumstances and the law laid down by this Hon’ble Court, the

          present CWJC is allowed. The impugned order dated

          22.02.2025 passed by the Sub-Divisional Officer is set aside.

          The matter is remanded back to the Sub-divisional Officer

          (Respondent No. 3) 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
             Patna High Court CWJC No.18327 of 2025(2) dt.27-01-2026
                                                        6/6




                       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

                       allowed to the extent indicated above.



                                                                   (A. Abhishek Reddy , J)
Bhardwaj/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.