Patna High Court
Dev Narayan Singh @ Deo Narayan SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
Mere institution of an FIR does not constitute a valid ground for cancellation of a PDS licence under the applicable statutory framework.
Summary
The petitioner, Dev Narayan Singh, challenged the cancellation of his PDS licence (No. 396/2016) by the Sub‑Divisional Licensing Authority, which was based solely on an FIR lodged against him. He also contested the subsequent appellate and revisional orders that upheld the cancellation, seeking certiorari and mandamus to restore his licence and supplies. The High Court examined the PDS (Control) Order, 2001 and the G.S.R. No.1 notification of 20‑02‑2007, holding that the mere institution of an FIR does not constitute a valid ground for licence cancellation. Relying on the precedent set in Umesh Ram v. State of Bihar, the Court quashed the cancellation order and set aside the appellate and revisional orders, directing that supplies be restored immediately. The Court clarified that if the petitioner is later convicted in the criminal case, appropriate action may be taken thereafter.
Issues considered
- Whether the mere institution of a First Information Report is a valid ground for cancellation of a PDS licence under the PDS (Control) Order, 2001 and G.S.R. No.1 dated 20‑02‑2007.
- Whether the appellate order dated 01‑04‑2023 and the revisional order dated 11‑02‑2025 are maintainable in view of the alleged procedural deficiencies.
- Whether a writ of mandamus can be issued to compel restoration of the cancelled PDS licence and supply of commodities.
Subjects
- PDS licence
- Cancellation
- First Information Report
- Certiorari
- Mandamus
- Administrative law
- Bihar Food and Consumer Protection
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3745 of 2026
======================================================
Dev Narayan Singh @ Deo Narayan Singh, S/o Late Mithileshwar Singh,
Resident of Gosai Tola, Patliputra Colony, Near Mangal Deep Apartment,
Boring Road, P.S. S.K. Puri, District-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Food and Consumer Protection
Department, Bihar, Patna.
2. The Commissioner, Patna Division, Patna.
3. The District Magistrate cum Collector, Patna.
4. The Sub Divisional Officer cum Licensing Authority, Patna Sadar, Patna.
5. The Supply Inspector, Ward No. 37 Rationing, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjaya Nath Tiwari, Adv.
For the Respondent/s : Mr.Government Pleader (6)
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
3 20-04-2026 Heard learned counsel for the parties.
2. The present Writ Petition has been filled for the
following reliefs:-
“(i) For issuance of appropriate writ/writs,
order/orders, direction/directions in the
nature of certiorari for quashing the order
contained in Memo No. 26/Aa dated
10.01.2022 passed by the Learned Sub-
Division Officer-cum-Licensing authority,
Patna High Court CWJC No.3745 of 2026(3) dt.20-04-2026
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Patna Sadar by which he has cancelled the
license of the petitioner being License No.
396/2016 on the basis of allegation
mentioned in the FIR and further on the basis
of notice where there is no stipulation of
proposed cancellation and that too without
supplying the copy of inspection report.
(ii) For issuance of appropriate writ/writs,
order/orders, direction/directions in the
nature of certiorari for quashing the order
dated 01.04.2023 passed in E.C. Appeal Case
No. 68/2021-22 passed by the Learned
Collector Patna by which he was pleased to
dismiss the Statutory appeal filed on behalf
of the petitioner.
(iii) For issuance of appropriate writ/writs,
order/orders, direction/directions in the
nature of certiorari for quashing the order
dated 11.02.2025 passed in B.T. PDS Control
Revision No. 176/2023 passed by the
Learned Commissioner, Patna Division,
Patna by which he was pleased to dismiss the
Statutory revision filed on behalf of the
petitioner without considering the grounds
raised on behalf of the petitioner.
(iv) For issuance of appropriate writ/writs,
order/orders, direction/directions in the
nature of mandamus commanding the
respondents to restore the license and
allotment of the petitioner being License No.
396/2016.”
3. Learned counsel for the petitioner submits that the
solitary ground given in the order dated 10.01.2022 vide Memo
No. 26 for cancelling the PDS licence of the petitioner was that
an First Information Report (F.I.R.) bearing Pirbahor P.S. Case
Patna High Court CWJC No.3745 of 2026(3) dt.20-04-2026
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No. 341 of 2021 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 cancellation 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
10.01.2022 (Annexure-P/6) is hereby quashed and consequently
the appellate order dated 01.04.2023 (Annexure-P/7) and the
revisional order dated 11.02.2025 (Annexure P/8) are also 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, thereafter, the authorities are free to take necessary action
Patna High Court CWJC No.3745 of 2026(3) dt.20-04-2026
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in accordance with law.
9. With the above directions, the Writ Petition stands
allowed to the extent indicated.
(A. Abhishek Reddy , J)
Bhardwaj/-
U
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