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Patna High Court

Birendra DasversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner must pursue a revision under Section 32(vi) of the Bihar Targeted Public Distribution System (Control) Order, 2016, and therefore disposed of the writ petition without adjudicating the merits.

Summary

Birendra Das filed a writ petition challenging the cancellation of his PDS licence (No. 29/2016) by the Sub‑Divisional Officer and its affirmation by the District Magistrate. He sought certiorari to quash both the cancellation order and the earlier suspension order, alleging that the cancellation amounted to double jeopardy and was punishable without due process. He also prayed for a mandamus directing restoration of the licence. The Court observed that the petitioner has an alternative and efficacious remedy under Section 32(vi) of the Bihar Targeted Public Distribution System (Control) Order, 2016. Accordingly, the Court directed the petitioner to file a revision before the Divisional Commissioner within four weeks and stipulated procedural timelines for the revision. No merits were adjudicated and the writ petition was disposed.

Issues considered

  • Whether the cancellation of the PDS licence is valid in view of the earlier suspension order
  • Whether the cancellation amounts to double jeopardy and thus violative of principles of natural justice
  • Whether the petitioner is entitled to a writ of certiorari or mandamus to restore the licence
  • Whether the petitioner has an alternative remedy under Section 32(vi) of the Bihar Targeted Public Distribution System (Control) Order, 2016

Subjects

  • PDS licence
  • cancellation
  • double jeopardy
  • certiorari
  • mandamus
  • revision
  • civil writ
  • Bihar
  • Control Order 2016

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.3375 of 2026
                 ======================================================
                 Birendra Das S/o Late Nathuni Das, R/o village- Naudiha, P.S. - Khizersarai,
                 District- Gaya.

                                                                           ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary, Food and Civil Supply
                 Department, Government of Bihar, Patna.
           2.    The Commissioner, Magadh Division, Gaya Ji.
           3.    The Collector-cum-District Magistrate, Gaya Ji.
           4.    The Additional Collector-cum-Addl. District Magistrate, Gaya Ji.
           5.    The Sub-Divisional Officer Neemchak Bathani, Headquarter, Khizersarai,
                 Gaya Ji.
           6.    The Block Supply Officer, Khizersarai, Gaya Ji.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr.Umesh Kumar, Advocate.
                 For the Respondent/s    :      Mr.Standing Counsel (28)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   08-04-2026                   Heard the learned counsel for the parties.

                                 2. The present Writ Petition has been filed for the

                   following reliefs:-

                                                   (i) ) For issuance of writ in the nature
                                        of Certiorari or any other appropriate writ for
                                        quashing of the order dated 01.12.2025 issued
                                        as contained in Memo No. 3827 dated
                                        02.12.2025 passed in Supply Appeal No.
                                        05/2024 by the District Magistrate, Gaya Ji,
                                        whereby and whereunder, the appeal of the
                                        petitioner has been dismissed by affirming the
                                        order as contained in Memo No.2166 dated
                                        23.09.2023 passed by the Sub-Divisional Officer,
                                        Neemchak Bathani, Gaya Ji.
Patna High Court CWJC No.3375 of 2026(2) dt.08-04-2026
                                            2/3




                               ii) For issuance of writ in the nature of
                               Certiorari or any other appropriate writ for
                               quashing of the order as contained in Memo No.
                               2166 dated 23.09.2023 passed by the Sub-
                               Divisional Officer, Neemchak Bathani, Gaya ji,
                               whereby and whereunder, the PDS licence
                               bearing No. 29/2016 of the petitioner has been
                               cancelled with immediate effect in view of under
                               clause 28 of the Bihar Targeted Public
                               Disribution System (Control) Order, 2016.

                               iii) For issuance of the writ in the nature of
                               Mandamus or any other appropriate writ
                               commanding the respondents to restore the PDS
                               Licence bearing No. 29/2026 of the petitioner.

                               iv) For holding that the cancellation order is an
                               example of double jeopardy as the licence of
                               PDS shop of the petitioner was suspended vide
                               order as contained in Memo No. 1934 dated
                               22.08.2023 and as per the relevant
                               circulars/control order of the Central
                               Government and State Government as well as
                               the order passed by the Division Bench of this
                               Hon'ble Court, the suspension of the Licence in
                               itself is a punishment, as such when the
                               petitioner has already been punished for the
                               same cause of action, he cannot be again
                               punished as cancel the licence of PDS shop of
                               the petitioner for the same charge.”

                      3. Without going into the merits or demerits of the case,

          having regard to the fact that the petitioner is having an alternative

          and efficacious remedy of filing a revision under Section 32(vi) of

          the Control Order 2016. The petitioner is directed to approach the

          Divisional Commissioner ventilating his grievance within a period

          of four weeks from the date of the receipt of a copy of this order.
           Patna High Court CWJC No.3375 of 2026(2) dt.08-04-2026
                                                       3/3




                     On receipt of the revision, the Divisional Commissioner shall pass

                     necessary orders strictly in accordance with law within a period of

                     four weeks thereof.

                                 4. It is needless to mention that before any order

                     passed, all the parties shall be put on notice and given an

                     opportunity of hearing and submit their objections. The entire

                     exercise shall be completed as expeditiously as possible preferably

                     within a period of eight weeks thereof. Any order passed shall be

                     communicated to all the parties.

                                 5. With the above directions, the present Writ petition

                     stands disposed off to the extent indicated above.



                                                                    (A. Abhishek Reddy, J)
shakir/-

U


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