Kumar Shambhu ShankarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.4029 of 2026
                 ======================================================
                 Kumar Shambhu Shankar S/o Raja Ram, resident of 1182/736E, Ward No. 17
                 Shahid Ram Govind Singh Path, Near New Bye Pass Over Bridge, West Jai
                 Prakash Nagar, P.S.-Jakkanpur, District-Patna.

                                                                                   ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Food and Consumer
                 Protection Department, Patna.
           2.    The District Magistrate Patna.
           3.    The Sub Divisional Officer (Supply) Patna Sadar, Patna
           4.    The Supply Inspector, Ward No. 17, Anisabad, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr. Bhaskar Shankar, Advocate.
                 For the Respondent/s   :         Mr. Standing Counsel (18)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

3   12-05-2026                   Heard the learned counsel for the parties.

                                 2. The present Writ Petition has been filed for the

                   following relief(s):-

                                                      “(i) For quashing of the
                                             impugned order issued vide Memo No.
                                             636 dated 04.08.2022 by Respondent No.
                                             3.
                                                      (ii) For direction upon the
                                             respondents to restore the FPS license
                                             and beneficiaries of the petitioner;
                                                      (iii) Till pending disposal of
                                             this writ petition, operation of the
Patna High Court CWJC No.4029 of 2026(3) dt.12-05-2026
                                            2/4




                                      impugned order dated 04.08.2022 may
                                      kindly be stayed;
                                                (iv) For any other relief(s) as
                                      your lordships may deem fit and proper
                                      in the facts and circumstances of the
                                      case.”
                      3. Without going into the merits or demerits of the

          case, the present writ petition is disposed of at the stage of

          admission with the consent of both the Counsels.

                      4. Learned counsel appearing on behalf of the

          petitioner submits that the PDS license of the petitioner has

          been suspended vide order dated 04.08.2022 passed by the

          Sub-Divisional Officer (Supply), Patna Sadar, Patna

          (Annexure-P/1) and till date the authorities have not passed

          the final order. Further, the learned counsel submits that a

          Coordinate Bench of this Hon’ble Court in Criminal

          Miscellaneous No. 52440 of 2023 dated 23.03.2026 has

          already quashed the order dated 06.07.2023 passed by the

          SDJM, Patna in SPL No. 14/2022 arising out of Jakkanpur

          P.S. Case No. 390 of 2022. Further, it is stated that the

          Jakkanpur P. S. Case No. 390 of 2022 has been stayed by a

          Coordinate Bench of this Hon’ble Court in Criminal

          Miscellaneous No. 52440 of 2023 dated 30.09.2024.

                      5. Learned counsel for the Respondent-State
Patna High Court CWJC No.4029 of 2026(3) dt.12-05-2026
                                            3/4




          appears and has been heard.

                      6. On consideration of the materials on record and

          the submissions made, this Court finds merit in the present

          writ petition.

                      7. 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. Further, it

          is to be seen that the criminal case has already being stayed

          by this Court.

                      8. In view of the above, the impugned order of

          suspension dated 04.08.2022 passed by the Sub-Divisional

          Officer (Supply), Patna Sadar, Patna i.e. Respondent No. 3

          herein (Annexure-P/1) is hereby set aside.

                      9. The supplies to the petitioner shall be restored

          without delay.

                      10. However, this order will not preclude the

          authorities from taking action if it is found that the
           Patna High Court CWJC No.4029 of 2026(3) dt.12-05-2026
                                                       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.

                                 11. With the above directions, the Writ Petition

                     stands allowed to the extent indicated.



                                                         (A. Abhishek Reddy, J)
shakir/-

U