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Patna High Court

Braj Kishore SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The order dated 31‑01‑2025 passed by the Sub‑Divisional Officer is set aside as it contravenes the High Court’s earlier judgment and the provisions of the Control Order, 2016.

Summary

The petitioner, a PDS dealer appointed in 2016, had his license cancelled in December 2017 and subsequent appeals were dismissed. The Patna High Court, in CWJC No. 14231 of 2024, set aside the cancellation orders and remanded the matter to the Sub‑Divisional Officer (SDO) to issue a fresh show‑cause notice in accordance with Rule 27(ii) of the Control Order, 2016. The SDO, however, issued a new notice and on 31 January 2025 reiterated the 2017 cancellation without considering the merits, contravening the High Court’s earlier direction. The petitioner filed a writ petition seeking certiorari and mandamus to restore his license. The Court held that the SDO’s order was illegal, set it aside, and directed the authorities to restore the licence and grain supply within eight weeks, thereby allowing the petition.

Issues considered

  • Whether the Sub‑Divisional Officer’s order of 31‑01‑2025, which reiterated a previously set‑aside cancellation, is violative of the principles of natural justice and the High Court’s earlier judgment
  • Whether the petitioner is entitled to relief by way of certiorari and mandamus for restoration of his PDS licence

Legislation cited

Subjects

  • PDS licence
  • cancellation
  • natural justice
  • certiorari
  • mandamus
  • administrative law
  • Rule 27
  • Control Order, 2016
  • writ petition
  • restoration of licence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.7256 of 2025
                 ======================================================
                 Braj Kishore Singh Son of Late Nagendra Singh, Resident of Village -
                 Madhaul, P.S. - Maniyari, District- Muzaffarpur.

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Food and Consumer
                 Protection Department, Government of Bihar, Patna.
           2.    The Sub Divisional Officer, (West), District- Muzaffarpur.
           3.    The Block Supply Officer, Kudhani, District- Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. N. K. Agrawal, Sr. Adv.
                                                 Mr.Kumar Rajdeep, Adv.
                                                 Mr. Roop Kishan, Adv.
                 For the Respondent/s    :       Mr.Government Pleader (7)
                                                 Ms. Roona, AC to GP 7
                                                 Mr. Sanjay Kr., AC to GP 7
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

3   31-01-2026                      Heard the parties.

                                 2. The present writ petition is filed for the following

                   relief(s):-

                                             “a. For issuance of a writ in the nature of
                                             Certiorari for quashing the Order dated
                                             30.01.2025 vide letter no 154 passed by the
                                             Sub-Divisional Officer, West, Muzaffarpur
                                             on remand from the order of this Hon'ble
                                             court in CWJC Case No. 14231 of 2024
                                             dated 26.11.2024, now by order dated
                                             30/01/2025 the Learned S.D.O. West,
                                             Muzaffarpur has again cancelled the
                                             petitioner's license keeping the previous
                                             order of cancellation dated 16.12.2017 as
                                             it is which is in violation of the principles
                                             of Natural Justice, in as much as the
                                             Impugned Orders have been passed
Patna High Court CWJC No.7256 of 2025(3) dt.31-01-2026
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                                    without considering the facts and
                                    circumstances of the case.
                                    b. A mandamus commanding the
                                    Respondents to restore the petitioner's
                                    license as before and to make allotment for
                                    the petitioner's shop.
                                    c. For issuance of any other relief or
                                    relief(s) for which the petitioner is entitled
                                    in the fact and circumstances of the present
                                    case may be granted to him.”

                      3.      Learned counsel appearing on behalf of the

          petitioner submits that the petitioner was earlier appointed as

          PDS dealer in the year 2016 and has been functioning without

          any complaint. That the Block Supply Officer had inspected the

          shop of the petitioner on 22.07.2017 and submitted his report.

          Thereafter the authority, i.e., the Respondent No. 2 herein has

          issued a show cause notice to the petitioner and the order of

          cancellation was passed by the authority on 16.12.2017. Though

          the petitioner has preferred an appeal before the District

          Magistrate as well as the revision before the Divisional

          Commissioner the same has met without any success and both

          the authorities while dismissing the appeal and Revision have

          confirmed the order of cancellation. Thereafter the petitioner has

          approached this Hon’ble Court by way of CWJC No. 14231 of

          2024 and this Hon’ble Court vide order dated 26.11.2024 has set

          aside all the three orders passed against the petitioner, i.e., order
Patna High Court CWJC No.7256 of 2025(3) dt.31-01-2026
                                            3/6




          dated 09.05.2024 passed by the Revisional Authority, order

          dated 10.07.2023 passed by the Appellate Authority and also the

          order dated 16.10.2017 passed by the Sub-Divisional Officer

          and remanded the matter back to the Sub-Divisional Officer for

          passing orders afresh after issuing the petitioner a fresh show

          cause notice strictly in terms of the provisions of Rule 27(ii) of

          the Control Order, 2016. That the Sub-Divisional Officer after

          remand back by this Hon’ble Court has issued a fresh show

          cause notice to the petitioner on 17.12.2024 (Annexure P/2) and

          has passed the impugned order dated 31.01.2025 (Annexure

          P/4). Learned counsel has drawn the attention of this Court to

          the impugned order dated 31.01.2025, whereby the Sub-

          Divisional Officer while rejecting the explanation filed by the

          petitioner has held that the earlier order passed by him, dated

          16.12.2017 holds good. Learned counsel submits that order of

          the Respondent No. 2 in reiterating the earlier order which has

          already been set aside by this Hon’ble Court is bad, illegal and

          contrary to law. Further the learned counsel has stated that

          because of the cancellation of the PDS linense the petitioner has

          been suffering since the last more than eight years and the

          authorities are passing the orders in a pedantic and mechanical

          manner contrary to the provisions of the Control Order, 2016.
Patna High Court CWJC No.7256 of 2025(3) dt.31-01-2026
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          Learned counsel has therefore prayed this Hon’ble Court to

          allow the present writ petition, set aside the impugned order and

          direct the authorities to restore the PDS license of the petitioner.

                      4. Per contra, the learned counsel appearing on behalf

          of the respondents-State has vehemently opposed the very

          maintainability of the present writ petition. Learned counsel

          submits that the petitioner is having an alternative and effective

          remedy of filing a statutory appeal against the order of

          cancellation passed by the Sub-Divisional Officer dated

          31.01.2025. Learned counsel has stated that in case the

          petitioner is aggrieved by the order of cancellation, he can file

          an appeal and take all the grounds that are taken in the present

          writ petition and assail the order passed by the Sub-Divisional

          Commissioner before the Appellate Authority i.e., the District

          Magistrate, Muzaffarpur. Learned counsel has therefore prayed

          this Hon’ble Court to dismiss the present writ petition.

                      5. A perusal of the order passed by this Court in

          CWJC No. 14231 of 2024 dated 26.11.2024 reveals that the

          earlier order passed by the Sub-Divisional Officer dated

          16.12.2017 and the orders passed by the Appellate and the

          Revisional Authority were all set aside and the matter was

          remanded back to the Sub-Divisional Officer for passing orders
Patna High Court CWJC No.7256 of 2025(3) dt.31-01-2026
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          afresh after issuing the petitioner a fresh show cause notice

          strictly in terms of the provisions of Rule 27(ii) of the Control

          Order, 2016. However a perusal of the show cause notice issued

          to the petitioner as well as the impugned order passed by the

          authority reveals that the authority has simply reiterated the

          earlier order passed by him which order was already set aside by

          this Court. This Court is of the opinion that the impugned order

          passed by the authority cannot be sustained in law, as the same

          is not only contrary to the provisions of the Act but also the

          orders passed by this Court in CWJC No. 14231 of 2024 dated

          26.11.2024. The authority instead of passing the orders on

          merits has simply stated that the earlier order passed by him

          dated 16.12.2017 holds good. It is beyond the comprehension of

          this Court as to how the authority can reiterate an order, which

          has already been set aside by this Court. The authority instead of

          passing a fresh order on merits has simply stated that the earlier

          order holds good. The argument of the learned counsel for the

          State that the impugned order does not suffer from any infirmity

          is totally misconceived and misplaced. Once an order is set

          aside, the authority cannot rely on the very same order and

          reiterate the same while passing the order after remand.

                      6. Having regard to the same, the present writ petition
             Patna High Court CWJC No.7256 of 2025(3) dt.31-01-2026
                                                         6/6




                       is allowed and the impugned order dated 31.01.2025 passed by

                       the Sub-Divisional Officer is set aside. Having regard to the fact

                       that the petitioner has been suffering since the last more than

                       eight years, this Court is of the opinion that the petitioner has

                       already suffered enough and no useful purpose will be served by

                       remanding the matter again. Therefore, the authorities are

                       directed to restore the license of the petitioner as expeditiously

                       as possibly preferably within a period of 8 weeks from the date

                       of receipt of the copy of this order. The authorities are directed

                       to restore the supply of grains to the petitioner at the earliest.

                                   7. With the above directions, the present writ petition

                       stands allowed to the extent indicated above.



                                                               (A. Abhishek Reddy , J)
Bhardwaj/-

U


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