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Patna High Court

Dhaneshwar RamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

A show‑cause notice that does not mention a proposal for cancellation under Rule 27(ii) is invalid, rendering the cancellation orders void.

Summary

The petitioner, Dhaneshwar Ram, challenged the cancellation of his PDS license (No. 68/2007) by the Sub‑Divisional Officer, arguing that the show‑cause notice issued under the Bihar Targeted Public Distribution System (Control) Order, 2016 did not state a proposal for cancellation as required by Rule 27(ii). The High Court examined the mandatory nature of mentioning the cancellation proposal in such notices, relying on its earlier full‑bench decision in CWJC No. 21202 of 2021. It held that the omission rendered the notice invalid and consequently the subsequent orders of the Sub‑Divisional Officer and the District Magistrate were illegal. The Court set aside both the 18‑July‑2024 and 17‑May‑2025 orders and remanded the matter to the Sub‑Divisional Officer to issue a fresh, compliant show‑cause notice. The petitioner was directed to file his explanation within the stipulated time and the authority to pass a reasoned order after hearing.

Issues considered

  • Whether a show‑cause notice issued under Rule 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 must expressly mention a proposal for cancellation of the license
  • Whether the failure to mention such a proposal invalidates the notice and the consequent cancellation order

Subjects

  • Public Distribution System
  • License cancellation
  • Show‑cause notice
  • Rule 27(ii)
  • Administrative law
  • Writ petition
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.6693 of 2026
                 ======================================================
                 Dhaneshwar Ram, Son of Late Pati Ram, Resident of Village Ward no 11,
                 Ketharia, Paktola, PS Dumra, District Sitamarhi.

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Food and Consumer
                 Protection Department, Government of Bihar, Patna.
           2.    The District Magistrate, Sitamarhi.
           3.    The Sub Divisional Officer, Sitamarhi Sadar.
           4.    The Block Supply Officer, Dumra, Sitamarhi.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :         Mr. N. K. Agrawal, Sr. Advocate with
                                                     Mr. Kumar Rajdeep, Advocate.
                 For the Respondent/s      :         Mr. Addl. Advocate General (04)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

2   30-04-2026                   Heard the learned counsels for the parties.

                                 2. This writ petition has been filed for seeking the

                   following relief(s)

                                               “…. for quashing the order dated Sitamarhi passed
                                               in Appeal No. 57/2024 order dated 17.05.2025
                                               passed by the Learned District Magistrate,
                                               Sitamarhi whereby and where under he has
                                               confirmed the order dated 18.07.2024 passed by the
                                               Learned Sub Divisional Officer, -cum-Licensing
                                               Authority, Sitamarhi Sadar. Further for quashing the
                                               order dated 18.07.2024 passed by the Learned Sub
                                               Divisional Officer, -cum-Licensing Authority,
                                               Sitamarhi, Sadar by which the PDS license of the
                                               petitioner being License No. 68/2007 has been
                                               cancelled.”

                                        3. Learned counsel appearing on behalf of the

                   petitioner has stated that in the Show Cause Notice issued by the
Patna High Court CWJC No.6693 of 2026(2) dt.30-04-2026
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          Sub-Divisional Officer there is no proposal for cancellation of

          the license. Learned counsel has stated that non-mentioning of

          the proposal for cancelling his license is contrary to the

          provisions of order 27(ii)              of the Bihar Targeted Public

          Distribution System (Control) Order, 2016 (hereinafter referred

          to as ‘the Order, 2016’).

                      4. Learned counsel for the petitioner has relied on the

          judgment of the full Bench passed in CWJC No. 21202 of 2021

          and analogous cases dated 26.09.2023 to buttress his contention

          that non-mentioning of the proposed action in the show-cause

          notice is bad in law and contrary to Rule 27(ii) of the Control

          Order, 2016.

                      5. Learned counsel has stated in view of the above

          mentioned provisions of law and judgment relied by the

          petitioner, the impugned order may be set aside and matter

          remanded back to the authorities concerned for issuing a fresh

          show-cause notice in terms of order 27(ii) of the Control Order,

          2016 and thereafter take necessary action.

                      6. Per contra, the learned counsel appearing on behalf

          of the respondents has vehemently opposed the very

          maintainability of the writ petition and stated that the present

          writ petition is not maintainable as the petitioner has exhausted
Patna High Court CWJC No.6693 of 2026(2) dt.30-04-2026
                                            3/4




          all the remedies and all the authorities have found that the

          petitioner has violated the provisions of the Control Order,

          2016. Learned counsel has therefore prayed this Hon’ble Court

          to dismiss the present writ petition.

                      7. This Hon’ble Court in CWJC No. 21202 of 2021

          and analogous cases has held as under:

                                  “19. Accordingly, we answer the reference as
                                  under:-

                                         It is mandatory for a licensing authority
                                  issuing a notice under order 27(ii) to a license to
                                  mention that there is a proposal for cancellation of
                                  his license, failing which such notice cannot be
                                  treated to be a valid notice of giving sufficient
                                  opportunity to the licensee to state his case under
                                  order 27(ii) of the BTPDS Control Order. ”

                      8. A perusal of the show-cause notice issued to the

          petitioner does not reveal that there is any proposal of the action

          sought to be taken against the petitioner. Therefore, the same

          has to held as bad, illegal, contrary to the provisions of Rule

          27(ii) of the Control Order and has to necessarily set aside.

                      9. Having regard to the above facts and circumstances

          and the law laid down by this Hon’ble Court, the present CWJC

          is allowed. The impugned order dated 17.05.2025 passed by the

          District Magistrate, Sitamarhi and the order dated 18.07.2024

          passed by the Sub-Divisional Officer-cum-licensing authority,

          Sitamarhi, Sadar are both set aside. The matter is remanded

          back to the Sub-divisional Officer for issuing a fresh show-
           Patna High Court CWJC No.6693 of 2026(2) dt.30-04-2026
                                                       4/4




                     cause notice to the petitioner strictly in compliance with the

                     provisions of Rule 27(ii) of the Control Order, 2016 and call for

                     his explanation by giving him reasonable time.

                                 10. On such show-cause notice being served, the

                     petitioner shall file his explanation within the stipulated time.

                     On receipt of the explanation submitted by the petitioner the

                     authority concerned shall pass a reasoned order strictly in

                     accordance with law duly taking into consideration the

                     explanation submitted by the petitioner.

                                 11. It is needless to mention that before passing any

                     orders, the petitioner shall be given an opportunity of hearing.

                     The entire exercise shall be completed as expeditiously as

                     possible preferably within a period of eight weeks from the date

                     of receipt of a copy of this order. Any order passed shall be

                     communicated to the petitioner.

                                 12. With the above directions, this Writ Petition is

                     allowed to the extent indicated above.



                                                             (A. Abhishek Reddy, J)
shakir/-

U


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