Patna High Court
Arshad AliversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The Court set aside the impugned cancellation order and remanded the matter for issuance of a fresh show‑cause notice in strict compliance with Rule 27(ii) of the Bihar Targeted PDS (Control) Order, 2016, observing the requirements of natural justice.
Summary
Arshad Ali's PDS licence was cancelled by the Sub‑Divisional Officer. The High Court had earlier set aside that cancellation in CWJC No. 17394/2025 because the show‑cause notice did not comply with Rule 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016, and directed a fresh notice. The authority issued a new notice on 12‑Feb‑2026 but again omitted the proposed action, failed to attach the enquiry report and gave the petitioner only three working days (excluding public holidays) to file an explanation, violating natural‑justice principles. The petitioner challenged the subsequent cancellation order dated 17‑Feb‑2026. The Court held that the notice was defective, the limited time was unreasonable, and the cancellation order must be set aside. The matter was remanded to the authority to issue a proper show‑cause notice in accordance with Rule 27(ii), attach the enquiry report, allow at least ten days for explanation, and pass a reasoned order within eight weeks.
Issues considered
- Did the show‑cause notice dated 12‑Feb‑2026 comply with Rule 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016?
- Did the three‑day period granted for filing an explanation violate the principles of natural justice?
- Is the writ petition maintainable when an alternative statutory appeal to the District Magistrate is available?
- Should the order of cancellation dated 17‑Feb‑2026 be set aside?
Legislation cited
- Bihar Targeted Public Distribution System (Control) Order, 2016 — s. Rule 27(ii)
Subjects
- PDS licence
- show‑cause notice
- natural justice
- Rule 27(ii)
- Bihar Targeted Public Distribution System
- writ petition
- administrative law
- cancellation order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6736 of 2026
======================================================
Arshad Ali, Son of Shamshuddin Khan, Resident of Ward no.- 20, P.O. and
P.S.- Bikramganj, District- Rohtas, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Food and Civil Supply,
Government of Bihar, New Secretariat, Patna.
2. The Divisional Commissioner, Patna.
3. The District Magistrate, Rohtas.
4. The Additional District Magistrate, Rohtas.
5. The Sub Divisional Officer, Vikramganj, Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Adya Pandey, 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 counsel for the parties.
2. The present Writ Petition has been filed for the
following reliefs:-
“(i) For quashing the order
dated 17.02.2026 whereby and whereunder
the PDS licnese No. 35 of 2007 is
cancelled pursuant tot he order passed in
CWJC No. 17394 of 2025.
(ii) For quashing the letter
contained in Memo no. 37 dated
12.02.2026 by which show cause was
issued to the petitioner is gross violation of
natural justice since the enquiry report
was not served to the petitioner.
(iii) For restoring the PDS
License No. 35 of 2007 of the petitioner.”
Patna High Court CWJC No.6736 of 2026(2) dt.30-04-2026
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3. Learned counsel appearing on behalf of the
petitioner submits that earlier the petitioner has approached this
Hon’ble Court by way of CWJC No. 17394 of 2025 and this
Hon’ble Court was pleased to dispose of the said writ petition
on 22.01.2026. That the earlier show-cause notice and the order
of cancellation of PDS license passed by the Sub-Divisional
Officer was a subject matter of CWJC No. 17394 of 2025. That
this Court vide order dated 22.01.2026 duly taking into
consideration the fact that the show-cause notice issued to the
petitioner was not in consonance with the Rule 27 (ii) of the
Bihar Targeted Public Distribution System (Control) Order,
2016 has set aside the order of cancellation and remanded the
matter back to the authority concerned for issuing a fresh show-
cause notice in terms of the Rule 27(ii) of the Bihar Targeted
Public Distribution System (Control) Order, 2016 and passing
orders afresh. However, the authority, thereafter, has issued the
show-cause notice dated 12.02.2026 (Annexure-P/5) which
clearly reflects that the proposal for the action sought to be
taken against the petitioner has not been mentioned. Further, it is
stated that the copy of the enquiry report has not been enclosed
along with the said show-cause notice. It is submitted that the
petitioner has been granted time till 17.02.2026 for filing his
Patna High Court CWJC No.6736 of 2026(2) dt.30-04-2026
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explanation. Learned counsel submits that the notice was served
on 12.02.2026 and, thereafter, the impugned order dated
17.02.2026 has been passed, counsel submits that 14th and 15th
of February, 2026 were second Saturday and Sunday
respectively and both are public holidays. That as a matter of
fact only 3 working days have been given to the petitioner to file
his explanation which is in gross violation of the principles of
natural justice and equity. Learned counsel, therefore, prays this
Hon’ble Court to set aside the impugned order dated 17.02.2026
and restore the license of the petitioner.
4. Per contra, the learned counsel appearing on behalf
of the Respondent-State has vehemently opposed the very
maintainability of the present writ petition. Learned counsel has
stated that the petitioner is having an efficacious and alternate
remedy of filing a statutory appeal before the District Magistrate
against the orders of cancelalion dated 17.02.2026 passed by the
Sub-Divisional Officer, Vikramganj, Rohtas. However, the
petitioner without availing the said remedy has straightaway
approached this Hon’ble Court by way of the present CWJC
which is impermissible. Learned counsel has, therefore, prayed
this Hon’ble Court to dismiss the present writ petition.
5. Admittedly, in this present case the facts are not in
Patna High Court CWJC No.6736 of 2026(2) dt.30-04-2026
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dispute. Pursuant to the direction given by this Court in CWJC
No. 17394 of 2025 dated 22.01.2026, the respondent-authority
has issued a fresh show-cause notice to the petitioner on
12.02.2026 (Annexure-P/5). A perusal of the said show-cause
notice reveals that the petitioner was granted time till
17.02.2026 for filing his explanation, however, it is to be noted
that 14th and 15th of February, 2026 are both public holidays
being second Saturday and Sunday and as such effectively only
three days time has been granted to the petitioner to file his
explanation. Further, it is pertinent to note that the authority has
passed the impugned order on 17.02.2026 itself. A perusal of the
show-cause notice issued to the petitioner does not contain any
proposal of action sought to be taken against the petitioner in
terms of the Rule 27(ii) of the Bihar Targeted Public
Distribution System (Control) Order, 2016. This Court on the
earlier occasion in CWJC No. 17394 of 2025 dated 22.01.2026
while setting aside the order of cancellation of PDS license has
directed the sub-Divisional Officer to issue a fresh show cause
notice strictly in terms of the clause 27(ii) of the control order,
however, the authority has failed to do so.
6. Having regard to the same, the impugned order
dated 17.02.2026 passed by the Sub-Divisional Officer,
Patna High Court CWJC No.6736 of 2026(2) dt.30-04-2026
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Vikramganj, Rohtas is set aside. The matter is remanded back to
the authority concerned for issuing a fresh show-cause notice to
the petitioner strictly in terms of Rule 27 (ii) of the Control
order, 2016. The authority shall also furnish a copy of the
enquiry report, if any, along with the show-cause notice and the
petitioner shall be provided ample time for filing his explanation
preferably minimum period of 10 days. After receipt of the
explanation from the petitioner, the authority shall pass a
reasoned order duly taking into consideration the explanation
filed by the petitioner to the show-cause notice. The authority
shall endeavour to pass orders as expeditiously as possible
preferably within a period of 8 weeks from the date of the
receipt of the copy of this order. It is needless to observe that
before passing any order the petitioner shall be given an
opportunity of hearing. Any order passed shall be
communicated to the party.
7. With the above directions, the present Writ Petition
stands disposed of.
(A. Abhishek Reddy, J)
shakir/-
U
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