Patna High Court
Satendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
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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