Patna High Court
Subash Singh @ Subhash SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
Mere institution of an FIR does not constitute a valid ground for suspension of a PDS licence under the Bihar Targeted PDS (Control) Order.
Summary
The petitioner, Subash Singh, challenged the suspension and cancellation of his Public Distribution System (PDS) license on the ground that the authorities acted solely on the basis of an FIR filed under Section 7 of the Essential Commodities Act, without any enquiry report, violating natural justice. The petitioner sought to set aside orders dated 08.10.2025/17.10.2025 (Divisional Commissioner), 06.08.2024 (Collector‑cum‑District Magistrate) and 17.08.2021 (Sub‑Divisional Officer‑cum‑Licensing Authority) that relied on Clause 28 of the Bihar Targeted PDS (Control) Order. The High Court examined the PDS (Control) Order, 2001 and Rule 7 of G.S.R. No. 1 dated 20.02.2007, holding that mere institution of an FIR does not constitute a valid ground for suspension of a PDS licence. The Court relied on the precedent set in Umesh Ram v. State of Bihar (AIR 2014 Patna 113). Consequently, all the impugned orders were set aside and the petitioner’s supply was ordered to be restored, with a proviso that future action may be taken if the petitioner is convicted or violates any other condition of the PDS order.
Issues considered
- Whether the mere institution of an FIR under the Essential Commodities Act is a sufficient ground for suspension or cancellation of a PDS licence under Clause 28 of the Bihar Targeted PDS (Control) Order, 2001.
- Whether the authorities complied with the principles of natural justice by failing to provide an enquiry report before suspending the licence.
Legislation cited
- Bihar Targeted Public Distribution System (Control) Order, 2001 — s. Clause 28
- Essential Commodities Act — s. 7
- G.S.R. No. 1 dated 20.02.2007 (Notification) — s. Rule 7
Subjects
- Public Distribution System
- PDS licence suspension
- Essential Commodities Act
- Natural justice
- Administrative law
- Bihar Targeted PDS (Control) Order
- FIR
- Show cause notice
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2212 of 2026
======================================================
Subash Singh @ Subhash Singh, Son of Late Ganga Singh @ Ganesh Singh
Resident of Village- Tali Bishunpura, P.S.- Nautan, District- Siwan, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Food and Consumer
Protection Department, Government of Bihar, Patna.
2. The Court of Divisional Commissioner, Saran Division, Chapra.
3. The Collector-cum- District Magistrate, Siwan.
4. The Sub Divisional Officer, Siwan Sadar.
5. The Block Supply Officer, Nautan Block, Siwan.
6. The Officer- In- Charge, Nautan Police Station, Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Rajdeep, Advocate.
For the Respondent/s : Mr. Government Pleader (11)
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
3 16-06-2026 Heard the learned counsel for the parties.
2. The present Writ Petition has been filed for the
following reliefs:-
“That the present application is
being filed on behalf of the petitioner for
setting aside order dated
08.10.2025/17.10.2025 passed by the
Learned Divisional Commissioner, Saran
Division, Chapra and the order dated
06.08.2024 passed by the Learned Collector-
cum-District Magistrate, Siwan and the order
dated 17.08.2021 passed by the Learned
S.D.O.-cum-Licensing Authority, Siwan
whereby and whereunder exercising powers
under Clause 28 of the Bihar Target
Patna High Court CWJC No.2212 of 2026(3) dt.16-06-2026
2/4
(Control) Order, the Public Distribution
License of the Petitioner bearing License No.
27/2016 has been suspended vide order dated
23.09.2020 on the ground of institution of
F.I.R. being Nautan P.S. Case no. 147/2020
under Section 7 of the E.C. Act and
subsequently exercising power under Clause
28 of the Bihar Target (Control) Order vide
order dated 17.08.2021 cancelled the PDS
license of the petitioner which is totally on
non-est and erroneous grounds completely in
a mechanical manner without even supply of
the enquiry report to the petitioner which is
the complete violation of Principle of Natural
Justice..”
3. Learned counsel for the petitioner submits that
the solitary ground given in the show cause notice dated
08.10.2020 vide Memo No.1173 for cancellation of the PDS
licence of the petitioner was that a First Information Report
(F.I.R.) bearing Nautan P.S. Case No. 147 of 2020 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
Patna High Court CWJC No.2212 of 2026(3) dt.16-06-2026
3/4
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
08.10.2025/17.10.2025 passed by the Divisional
Commissioner, Saran Division, Chapra, the order dated
06.08.2024 passed by the Collector-cum-District
Magistrate, Siwan and the order dated 17.08.2021 passed by
the Sub-Divisional Officer-cum-Licensing Authority, Siwan
are all 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. However, this order will not preclude the
authorities from taking action if it is found that the
Patna High Court CWJC No.2212 of 2026(3) dt.16-06-2026
4/4
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.