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Patna High Court

Akalesh Kumar @ Akalesh PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The suspension of the petitioner's PDS licence on the basis of an FIR is invalid and the impugned order is set aside.

Summary

Akalesh Kumar, a PDS licence holder, challenged the suspension of his licence by the Sub‑Divisional Officer, Arwal, which was based solely on the institution of an FIR (Case No. 80 of 2025). The petitioner sought a writ of certiorari to quash the suspension and a mandamus directing an inquiry into alleged bribery by a supply officer. The High Court examined the PDS (Control) Order, 2001 and Rule 7 of G.S.R. No. 1 (2007), holding that the mere filing of an FIR does not constitute a valid ground for licence suspension. Relying on the precedent set in Umesh Ram v. State of Bihar (AIR 2014 Patna 113), the Court set aside the impugned order and ordered immediate restoration of supplies. It further clarified that future action may be taken if the petitioner is convicted or violates other PDS conditions.

Issues considered

  • Whether the mere institution of a First Information Report is a sufficient ground for suspension of a Public Distribution System licence under the PDS (Control) Order, 2001 and related rules.
  • Whether the Sub‑Divisional Officer acted ultra vires in suspending the licence on the basis of the FIR.
  • Whether a writ of mandamus directing an inquiry into alleged bribery against a supply officer is warranted.

Subjects

  • PDS licence
  • Suspension
  • First Information Report
  • Certiorari
  • Mandamus
  • Administrative law
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.19881 of 2025
                 ======================================================
                 Akalesh Kumar @ Akalesh Prasad, Son of Late Damodar Lal, Resident of
                 Manikpur, P.S.-Kurtha, District-Arwal.

                                                                        ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Food Secretary, Government of Bihar, Old
                 Secretariat, Patna.
           2.    The District Magistrate, Arwal, Bihar.
           3.    The Sub Divisional Officer, Arwal, at Arwal, Bihar.
           4.    The Block Supply Officer, Block-Kurtha, District-Arwal, Bihar.
           5.    The Assistant District Supply Officer, Kurtha, Arwal, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :         Mr. Surya Swetabh, Advocate.
                 For the Respondent/s    :         Mr. Advocate General
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

5   28-04-2026                   Heard the learned counsel for the parties.

                                 2. The present Writ Petition has been filled for the

                   following reliefs:-

                                                        “...for issuance of an appropriate writ
                                             in the nature of certiorari for quashing of the
                                             order dated 17.09.2025 (Annexure P/6) passed
                                             by the Respondent No. 3, the Sub Divisional
                                             Officer, Arwal, Bihar by which the Public
                                             Distribution System (PDS) License of the
                                             petitioner has been illegally and arbitrarily
                                             suspended.
                                                        (ii) For issuance of appropriate
                                             writ/writs in the nature of mandamus directing
                                             the concerned respondent to inquire in to
                                             allegations made by the petitioner vide e-mail
                                             dated 01.11.2024 to the Respondent No. 2
                                             wherein accusations of demand of bribe had
Patna High Court CWJC No.19881 of 2025(5) dt.28-04-2026
                                           2/3




                                been made against the Respondent No. 4.”
                        3. Learned counsel for the petitioner submits that the

          solitary ground given in the show cause notice dated 09.09.2025

          vide Memo No.467 for cancellation of the PDS licence of the

          petitioner was that First Information Report (F.I.R.) bearing

          Manikpur P.S. Case No. 80 of 2025 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 suspension 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

          17.09.2025 passed by the Sub-Divisional Officer, Arwal

          (Annexure-P/6) is set aside.

                        7. Needless to say, supplies to the petitioner shall be

          restored without delay.
           Patna High Court CWJC No.19881 of 2025(5) dt.28-04-2026
                                                      3/3




                                 8. It is made clear that, in case, the petitioner is

                     subsequently convicted in the criminal case instituted against him,

                     the authorities are free to take necessary action in accordance with

                     law.

                                 9. However, this order will not preclude the authorities

                     from taking action if it is found that the petitioner has violated any

                     other condition of the provisions of the Bihar Targeted Public

                     Distribution System (Control) order strictly in accordance with

                     law.

                                 10. With the above directions, the Writ Petition stands

                     allowed to the extent indicated.



                                                         (A. Abhishek Reddy, J)
shakir/-

U


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