Patna High Court
Manan 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 shop licence; consequently the cancellation order and the appellate order are quashed.
Summary
Manan Singh petitioned the Patna High Court to quash the cancellation of his PDS shop licence, which had been ordered by the Sub‑Divisional Officer on the ground that an FIR had been lodged against him. The District Magistrate affirmed this cancellation, prompting the petitioner to seek a writ of certiorari. The Court examined the PDS (Control) Order, 2001 and Rule 7 of G.S.R. No. 1 (2007), holding that the mere institution of an FIR is not a valid ground for licence cancellation. Relying on the precedent set in Umesh Ram v. State of Bihar (AIR 2014 Patna 113), the Court quashed both the 2020 cancellation order and the 2024 appellate order. It directed that the petitioner’s PDS licence and supplies be restored immediately, while noting that future criminal conviction could justify action.
Issues considered
- The mere institution of an FIR constitutes a valid ground for cancellation of a PDS shop licence under the PDS (Control) Order, 2001.
- Whether the appellate order affirming the cancellation is legally sustainable.
- Whether the petitioner is entitled to restoration of his PDS licence and supplies.
Subjects
- PDS licence
- Cancellation
- FIR
- Certiorari
- Administrative law
- Public Distribution System
- Restoration of supplies
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7024 of 2025
======================================================
Manan Singh, S/o Late Bhikham Singh, R/o Village-Thakur Dayal Singh ke
Dera, P.S.-Krishnabraham, District-Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary Food and Civil Supply
Department of Government of Bihar, Patna.
2. The District Magistrate, Buxar, District-Buxar.
3. The District Supply Officer, Buxar, District-Buxar.
4. The Sub Divisional Officer, Dumaraon, District-Buxar.
5. The Block Supply Officer, Dumaraon, District-Buxar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajiv Ranjan Kr. Pandey
For the Respondent/s : Mr.Government Pleader (25)
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
5 10-02-2026 Heard learned counsel for the parties.
2. The present Writ Petition has been filled for the
following reliefs:-
“1. That this writ application is being filed
for issuance of a writ in the nature of
Certiorari quashing the order dated
04.10.2024 passed by the District
Magistrate, Buxar in Appeal Case No. 53/
2023 whereby and where under he has
affirmed the order dated 15.12.2020 passed
by Sub-Divisional Officer, Dumaraon,
(herein called S.D.O.) wherein the S.D.O.
Dumaraon did not considered the merit of
the case of the petitioner and cancelled the
P.D.S. Shop License of the petitioner without
considering the show cause reply of the
petitioner.
Patna High Court CWJC No.7024 of 2025(5) dt.10-02-2026
2/3
1/A. Further. direct the concerned respondent
to restore the petitioner's P.D.S. Shop License
with immediate effect.
1/B. For issuance of any other writ/writs,
order/orders, direction/directions for which
the petitioner is found entitled to.”
3. Learned counsel for the petitioner submits that the
solitary ground given in the order dated 15.12.2020 vide Memo
No. 1948 for cancelling the PDS licence of the petitioner was
that an First Information Report (F.I.R.) bearing Krishnabrahm
P.S. Case No. 482 of 2019 had been instituted against the
petitioner. Similarly, the impugned order has been passed on the
sole ground of institution of the aforesaid FIR 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 High Court CWJC No.7024 of 2025(5) dt.10-02-2026
3/3
Patna 113 as well.
6. In view of the above, the impugned order dated
15.12.2020 (Annexure P/5) is hereby quashed and consequently
the appellate order dated 04.10.2024 (Annexure P/7) is 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
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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