Patna High Court
Nagendra TiwariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The orders cancelling the petitioner’s PDS license were set aside for non‑compliance with Rule 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016, and the matter was remanded for a fresh, compliant show‑cause notice.
Summary
The petitioner, a PDS licensee, challenged the cancellation of his license on the ground that the show‑cause notice issued by the Sub‑Divisional Licensing Authority neither mentioned a proposal for cancellation nor attached the enquiry report, violating Rule 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 and the principles of natural justice. The petitioner also contended that the appellate authority dismissed his statutory appeal mechanically without addressing these deficiencies. The respondents argued that the writ petition was not maintainable because a revision before the Commissioner was an alternative remedy. Relying on earlier Patna High Court judgments (CWJC No.253/2014 and CWJC No.21202/2021), the Court held that the procedural lapses rendered the show‑cause notice invalid and the cancellation orders unsustainable. Consequently, the Court set aside both the Sub‑Divisional Officer’s order of 01‑11‑2023 and the District Magistrate’s order of 04‑02‑2025, and remanded the matter for issuance of a fresh, compliant show‑cause notice with the enquiry report. The petition was allowed in the extent indicated.
Issues considered
- Whether the show‑cause notice issued under Rule 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 is invalid for not stating a proposal for cancellation and for not attaching the enquiry report.
- Whether the petitioner was denied the principles of natural justice and thus the cancellation orders should be set aside.
- Whether the writ petition is maintainable despite the availability of a revision remedy before the Commissioner.
Legislation cited
- Bihar Targeted Public Distribution System (Control) Order, 2016 — s. Rule 27(ii)
Subjects
- natural justice
- show‑cause notice
- license cancellation
- Bihar Targeted Public Distribution System
- Rule 27(ii)
- certiorari
- mandamus
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7174 of 2026
======================================================
Nagendra Tiwari, S/o Late Basudeo Tiwari, Resident of village- Khanpur, P.S.
- Manjhi, District- Saran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Food and Consumer Protection
Department, Bihar, Patna.
2. The Collector-cum-District Magistrate, Saran at Chapra.
3. Licensing Authority cum Sub-Divisional Officer Sadar Chapra.
4. The Block Supply Officer, Manjhi, Saran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjaya Nath Tiwari, Adv.
For the Respondent/s : Mr.Government Pleader (18)
Mr. Vivekanana Singh, AC to GP 18
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 06-05-2026 Heard learned counsel for the parties.
2. The present writ petition has been filed for the
following relief(s):-
“(i) For issuance of appropriate writ/writs,
order/orders, direction/directions in the nature
of certiorari for quashing the order contained in
Memo No. 3238 dated 01.11.2023 passed by the
Learned Sub-Division Officer Sadar Chapra-
cum-Licensing authority by which he has
cancelled the PDS license of the petitioner being
License No. 76/2021 on the basis of a notice
where is no stipulation of proposed cancellation.
(ii) For issuance of appropriate writ/writs,
order/orders, direction/directions in the nature
Patna High Court CWJC No.7174 of 2026(2) dt.06-05-2026
2/7
of certiorari for quashing the order dated
04.02.2025 passed in Supply Appeal No.
06/2024 passed by the District Magistrate-cum-
Collector, Saran at Chapra by which he was
pleased to dismissed the statutory appeal filed
on behalf of the petitioner.
(iii) For issuance of appropriate writ/writs,
order/orders, direction/directions in the nature
of mandamus commanding the respondents to
restore the license of the petitioner being
License No. 76/2021.
(iv) For other relief/reliefs for which the
petitioner is entitled in the eye of law.”
3. Learned counsel appearing on behalf of the
petitioner has stated that the Sub-Divisional Officer while
issuing the show cause notice to the petitioner has not enclosed
the enquiry report and there is no proposal for cancellation of
the license in the show-cause notice.
4. 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’)
5. Further learned counsel has relied on the judgment
of this Hon’ble Court in CWJC No.253 of 2014 dated
Patna High Court CWJC No.7174 of 2026(2) dt.06-05-2026
3/7
11.03.2015 wherein this Hon’ble Court has held that the non-
supply of the enquiry report along with the show-cause is bad
and against the principle of natural justice and equity.
6. Learned counsel has further stated that petitioner
has taken the above ground in the appeal, but the appellate
authority has not dealt with the above ground and dismissed the
appeal in a mechanical manner.
7. Learned counsel for the petitioner has also relied on
the judgment of the Full Court 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.
8. Learned counsel has stated in view of the above
mentioned provisions of law and judgments 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 also furnish a copy of the enquiry report along with
the said show-cause notice and thereafter take necessary action.
9. Per contra, the learned counsel appearing on behalf
of the respondents has vehemently opposed the very
Patna High Court CWJC No.7174 of 2026(2) dt.06-05-2026
4/7
maintainability of the writ petition and stated that the present
writ petition is not maintainable as the petitioner has an
alternative and efficacious remedy of filing a revision before the
Commissioner. Learned counsel has therefore prayed this
Hon’ble Court to dismiss the present writ petition.
10. This Court in CWJC No.253 of 2014 dated
11.03.2015 held as under:
"In my opinion, irregularities in maintenance
of notice board or maintenance of the stocks
within the premises of the petitioner are too
trivial and cannot form a basis for
cancellation of licence. No doubt there were
other serious charges against the petitioner
regarding non-issuance of cash-memo to the
consumers, distribution of lesser amount of
kerosene oil and non-distribution of food-
grains but surprisingly even while making
such allegations, the names of such
consumers who are dissatisfied by such
action of the petitioner are conspicuously
missing. The allegations are sweeping in
nature without reference to any specific
consumer.
In my opinion the non-supply of
the enquiry report conducted by the District
Level Committee which is the foundation for
issuance of show cause notice placed at
Annexure-1 as well as non-supply of names
of such of the consumers who had
complained against the petitioner as
regarding the irregularities in distribution of
the food-grains or the kerosene oil has
prejudiced the petitioner to file his
purposeful reply and in absence thereof, the
order impugned in my opinion, are based on
no materials.
Patna High Court CWJC No.7174 of 2026(2) dt.06-05-2026
5/7
Though it was strenuously argued
by Mr. Pandey that in absence of any
response by the petitioner the allegations
would be deemed to have been admitted but
in my opinion even if the show cause reply
was missing, the orders passed by the
statutory authorities having civil
consequences and resulting in cancellation
should reflect application of mind.
Unfortunately it is grossly missing inasmuch
as neither the order of the Licensing
Authority nor the order of the appellate
authority deal with the materials which
formed the basis to drive home the charges.
The orders impugned are indefensible and
cannot be upheld."
11. Further 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. ”
12. A perusal of the show-cause notice issued to the
petitioner does not reveal that the copy of the enquiry report was
enclosed along with the show-cause notice and that there is no
proposal of the action sought to be taken against the petitioner.
13. Having regard to the above facts and
Patna High Court CWJC No.7174 of 2026(2) dt.06-05-2026
6/7
circumstances and the law laid down by this Hon’ble Court, the
present CWJC is allowed. The impugned order dated
04.02.2025 passed by the appellate authority and the order dated
01.11.2023 passed by the Sub-Divisional Officer are set aside.
The matter is remanded back to the Sub-divisional Officer
(Respondent No. 3) for issuing a fresh show-cause notice to the
petitioner strictly in compliance with the provisions of Rule
27(ii) of the Control Order, 2016 and also furnish a copy of the
enquiry report along with the Show Cause Notice to the
petitioner and call for his explanation by giving reasonable time.
14. 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 concern shall pass a reasoned orders strictly in
accordance with law duly taking into consideration the
explanation submitted by the petitioner.
15. 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.
Patna High Court CWJC No.7174 of 2026(2) dt.06-05-2026
7/7
16. With the above directions, this Writ Petition is
allowed to the extent indicated above.
(A. Abhishek Reddy , J)
Bhardwaj/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.