Patna High Court
Jay Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The order dated 13‑09‑2025 suspending the petitioner’s PDS licence is vitiated and is quashed.
Summary
The petitioner, Jay Kumar Yadav, filed a writ petition seeking to quash the order dated 13‑09‑2025 that suspended his PDS licence (No. 380/16) issued by the Sub‑Divisional Officer, Sadar, Saharsa. He contended that under Rule 28 of the Bihar Targeted Public Distribution System (Control) Order, 2016 a suspension cannot exceed 180 days without a final order, which had not been made in his case. The Court examined the provisions of Rule 28 and noted that the suspension had continued beyond the statutory period without a conclusive decision. It also observed that the petitioner had been granted anticipatory bail, indicating he was neither a fugitive nor in custody. Consequently, the Court held the suspension order vitiated and quashed it, allowing the writ petition. The petition was therefore allowed.
Issues considered
- Whether the suspension of a PDS licence beyond 180 days without a final order violates Rule 28 of the Bihar Targeted Public Distribution System (Control) Order, 2016.
Subjects
- PDS licence
- Suspension
- Rule 28
- Bihar Targeted Public Distribution System (Control) Order, 2016
- Writ petition
- Quashing order
- Anticipatory bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5840 of 2026
======================================================
Jay Kumar Yadav S/o Late Jagdish Yadav, Resident of Village- Khaira, Ward
No. 10, P.O. Garhia, Vijaypur, P.S.- Sour Bazar, District- Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Food and Consumer Protection
Department, Bihar, Patna.
2. The Sub-Divisional Officer, Sadar, Saharsa.
3. The Block Supply Officer, Sour Bazar, Saharsa.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjaya Nath Tiwari, Advocate.
For the Respondent/s : Mr. Mujtabaul Haque, GP 12.
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 27-04-2026 The present writ petition has been filed for the
quashing of the order dated 13.09.2025 (Annexure-P/3) passed
by the Sub-Divisional Officer, Sadar Saharsa-cum-licensing
authority by which the PDS license of the petitioner bearing
License No. 380/16, FPS Code No. 121400200439 has been
suspended.
2. The short point raised by the petitioner for
consideration is that as per Rule 28 of Bihar Targeted Public
Distribution System (Control) Order, 2016, the period of
suspension cannot survive beyond a period of 180 days and
during the said period of 180 days of suspension of the license, a
Patna High Court CWJC No.5840 of 2026(2) dt.27-04-2026
2/2
final order has to be passed but the same has not been passed in
the present case, hence the order dated 13.09.2025, stands
vitiated in the eyes of law.
3. Having regard to the facts and circumstances of the
case and considering the provisions contained in Rule 28 of
Bihar Targeted Public Distribution System (Control) Order, 2016,
this Court finds that the period of suspension of the P.D.S.
however no final decision has been taken and secondly, the
petitioner has already been granted the privilege of anticipatory
bail which indicates that neither the petitioner is a fugitive nor he
has been sent to jail, hence, the impugned order dated 13.09.2025
stands vitiated in the eyes of law, thus is quashed.
4. The Writ Petition stands allowed.
(A. Abhishek Reddy, J)
shakir/-
U
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