Patna High Court
Devendra PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
A licence under the PDS cannot be suspended solely on the basis of an FIR; suspension requires a conviction or another statutory ground.
Summary
The petitioner, Devendra Paswan, challenged the suspension of his Public Distribution System (PDS) licence by the Sub‑Divisional Officer, which was based solely on the filing of an FIR against him. The petitioner argued that the Bihar Targeted PDS (Control) Order, 2016, and related rules do not permit suspension merely on the basis of an FIR. The Court examined the PDS (Control) Order, 2001, Rule 7 of G.S.R. No. 1 dated 20‑02‑2007, and held that an FIR alone is not 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 directed that supplies be restored to the petitioner. The Court further clarified that if the petitioner is later convicted, appropriate action may be taken in accordance with law.
Issues considered
- Whether the mere institution of an FIR constitutes a valid ground for suspension of a PDS licence under the Bihar Targeted PDS (Control) Order, 2016.
- Whether the authorities may suspend a PDS licence without a criminal conviction.
Subjects
- Public Distribution System
- PDS licence suspension
- First Information Report
- Administrative law
- Bihar Targeted PDS (Control) Order
- Writ petition
- Due process
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20339 of 2025
======================================================
Devendra Paswan Son of Ganesh Paswan, Resident of Village-Dongila,
Village Panchayat-Tandwa, Police Station-Bankebazar, District-Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Department of Food and
Consumers Protection, Government of Bihar, Patna.
2. The District Magistrate, Gaya.
3. The Sub-Divisional Officer, Sherghati, Gaya.
4. The District Supply Officer, Gaya.
5. The Block Supply Officer, Bankebazar, Dist.-Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binay Kumar, Adv.
For the Respondent/s : Mr. Standing Counsel 25
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 22-01-2026 Heard learned counsel for the parties.
2. The present Writ Petition has been filed for the
following reliefs:-
“1. That this is an application for
issuance of appropriate writ/writs, order/orders
and direction/directions to quash the order
dated 13-05-2025 contained in Memo No. 743
by which the Ld. Sub Divisional Officer,
Sherghati (Gaya) has suspended the License No.
44/2016 of the petitioner only on the solitary
ground of F.I.R lodged in Bankebazar P.S.
bearing case No. 53/2025 dated 28-04-2025
contrary to Rule 28 of the Bihar Targeted P.D.S.
(Control) Order, 2016 when on that very time
the petitioner not sent to jail or gone fugitive
Patna High Court CWJC No.20339 of 2025(2) dt.22-01-2026
2/3
and for direction upon the respondent No. 3 to
continue allocation to the Public Distribution
System Shop of the petitioner after declaring the
order of suspension null and void and/or pass
such other order(s) as your Lordships may deem
fit and proper under the facts and circumstances
of the case.”
3. Learned counsel for the petitioner submits that the
solitary ground given in the order dated 13.05.2025 vide Memo
No. 743 for cancellation of the PDS licence of the petitioner was
that an First Information Report (F.I.R.) bearing Bankebazar P.S.
Case No. 53 of 2025 had been instituted 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
Patna High Court CWJC No.20339 of 2025(2) dt.22-01-2026
3/3
13.05.2025 passed by the Sub-Divisional Officer, Sherghati,
Gaya is set aside.
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, 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)
Gauravkr/-
U
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