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Patna High Court

Satendra KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Mere institution of an FIR does not constitute a valid ground for cancellation of a PDS licence.

Summary

Satendra Kumar, a PDS shop holder, challenged the cancellation of his licence by the Sub‑Divisional Officer on 23‑02‑2018, which was based solely on the filing of an FIR (Case No. 24/18) under section 7 of the Bihar Targeted Public Distribution System (Control) Order, 2016. The petitioner sought quashing of the cancellation order and restoration of his licence. The Patna High Court examined the statutory framework and held that the mere institution of an FIR does not constitute a valid ground for revoking a PDS licence under the 2001 PDS (Control) Order and Rule 7 of G.S.R. No. 1 dated 20‑02‑2007. Relying on the precedent set in Umesh Ram v. State of Bihar (AIR 2014 Patna 113), the Court quashed the impugned order and directed immediate restoration of supplies, while noting that action could be taken if the petitioner is later convicted. The writ petition was allowed in its entirety.

Issues considered

  • Whether the mere institution of an FIR under section 7 of the Bihar Targeted PDS (Control) Order, 2016 is a sufficient ground for cancellation of a PDS licence.

Subjects

  • Public Distribution System
  • Licence cancellation
  • FIR
  • Writ petition
  • Administrative law
  • Bihar Targeted PDS Order
  • Quashing order
  • Restoration of supplies

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.18604 of 2023
                 ======================================================
                 Satendra Kumar, S/o Maheshwar Kumar, R/o Vill. Pakri Asli, P.S. Sahebganj,
                 Dist. Muzaffarpur.

                                                                           ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through its Principal Secretary, Food and Civil Supply
                 Department, Govt. of Bihar, Patna.
           2.    The Director, Food and Civil Supply Department, Govt. of Bihar, Patna.
           3.    The District Magistrate, Muzaffarpur.
           4.    The Sub-Divisional Officer, Muzaffarpur.
           5.    The Block Supply Officer Sahebganj, Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr.Shashi Bhushan Kumar, Adv.
                 For the Respondent/s   :         Mr.Anant Pd. Singh (SC15)
                                                  Mr. Deepika Sharma, AC to SC 15
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

4   18-02-2026                  Heard learned counsel for the parties.

                               2. The present Writ Petition has been filled for the

                   following reliefs:-

                                            “(i) To quash the order dated 23.02.2018
                                            issued by the Sub-Divisional Officer, West
                                            Muzaffarpur, whereby and whereunder
                                            Public Distribution System Shop of the
                                            petitioner has been cancelled on the ground
                                            a First Information Report No. 24/18 dated
                                            27.01.2018 has been lodged under section 7
                                            of Bihar Targeted Public Distribution System
                                            (Control) order 2016. A copy of order dated
                                            23.02.2018 is annexed hereto and marked as
                                            Annexure-1 to this application.
                                            (ii) To further direct to Respondent Authority
                                            to restore the licence of the PDS' shop of the
                                            petitioner.
Patna High Court CWJC No.18604 of 2023(4) dt.18-02-2026
                                           2/3




                                         And/or any other appropriate relief(s)
                                 to the petitioner for which he may be found
                                 entitle under the fact and circumstance.”

                      3. Learned counsel for the petitioner submits that the

          solitary ground given in the order dated 23.02.2018 for

          cancelling the PDS licence of the petitioner was that an First

          Information Report (F.I.R.) bearing Sahebganj P.S. Case No. 24

          of 2018 had been instituted against the petitioner. 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

          23.02.2018 (Annexure1) is hereby quashed.
             Patna High Court CWJC No.18604 of 2023(4) dt.18-02-2026
                                                        3/3




                                   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.

                                   9. With the above directions, the Writ Petition stands

                       allowed to the extent indicated.



                                                                (A. Abhishek Reddy , J)
Bhardwaj/-

U


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