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Patna High Court

Manan SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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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