Patna High Court
Vishwanath OjhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The petition is dismissed as the petitioner has been exonerated by the authority, rendering the show‑cause letter untenable.
Summary
Vishwanath Ojha filed a writ petition challenging a show‑cause letter dated 9 September 2025 issued by the Sub‑Divisional Officer, which alleged a shortfall of 3,933 kg of rice in the E‑POS machine and threatened an FIR and recovery under the Bihar and Odisha Public Demand Recovery (Amended) Rule, 2010. The petitioner contended that the rice for April 2020 had been distributed without processing through the E‑POS, resulting in an apparent excess of 3,850 kg in the machine. The State authorities, through a subsequent letter dated 12 February 2026, exonerated the petitioner of any liability. The court, noting the exoneration and lack of denial by the respondents, held that there was no ground to set aside the show‑cause letter. Consequently, the writ petition was dismissed and the matter disposed of.
Issues considered
- What is the appropriate remedy, if any, against the show‑cause letter alleging a rice shortfall in the E‑POS system?
- Does the exoneration of the petitioner by the authority preclude the issuance of a writ of certiorari?
Subjects
- writ of certiorari
- show cause letter
- E‑POS
- rice distribution
- public demand recovery
- administrative law
- exoneration
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20138 of 2025
======================================================
Vishwanath Ojha, S/o-Gauri Shankar Ojha, Resident of Village and Post Ojha
Baraon, Panchayat-Maharshiyan, Block-Chaugai, Dist-Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary Food and Civil Supply Department,
Govt. of Bihar.
2. The District Magistrate, Buxar.
3. The Sub-Divisional Officer, Dumraon, Dist-Buxar.
4. The District Supply Officer, Buxar.
5. Block Supply Officer, Block-Chaugai, Dist-Buxar.
6. Marketing Officer, Block-Chaugai, Dist-Buxar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bijay Shankar Choubey, Adv.
For the Respondent/s : Mr.Government Pleader (05)
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
4 30-03-2026 Heard the learned counsels for the parties.
2. This writ petition has been filed for seeking the
following relief(s)
“That the present Writ petition is being
preferred for the issuance of an appropriate
Writ/ Writs, Order/ Orders, Direction/
Directios for issuance of Writ of certiorari
for setting aside the letter no 2788 dated
9.9.2025, issued by the Sub-Divisional
Officer Dumraon, Dist-Buxar, whereby and
whereunder a show cause letter has been
issued to the petitioner asking explanation
within 7 days alleging therein that in the
inquiry report of Block supply Inspector,
dated 7.9.2025 done through Departmental
"PARAKH app it has been found that the
connected E.Poss machine of the
distribution shop bearing E.Poss machine
Patna High Court CWJC No.20138 of 2025(4) dt.30-03-2026
2/2
FPS ID 123200200520 the stock shown in
the machine there is short of 3933 Kg rice.
Through the said letter it has been
threatened to lodge an FIR against the
petitioner and to initiate for recovery under
the provision of Bihar and Odisa Public
demand recovery amended Rule 2010, and
for the other necessary relief/reliefs on the
basis of the facts and circumstances of the
case as enumerated and stated hereinafter.”
3. Learned counsel appearing on behalf of the
petitioner submits that the authorities, after finding that the
petitioner had already distributed rice for the month of April,
2020 among the beneficiaries, which was not processed through
the E-POS machine, as a result of which 3850 kg of rice was
shown extra in the E-POS machine, have found the same to be
true. Accordingly, the authority vide letter no. 546 dated
12.02.2026 has exonerated the petitioner from all the charges.
The said fact has not been denied by the learned counsel
appearing on behalf of the respondents-State.
4. Having regard to the same, the present writ
petitioner stands disposed of.
(A. Abhishek Reddy , J)
Bhardwaj/-
U
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