Patna High Court
Kamkhya Narayan SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The show‑cause notice was defective for not mentioning the cancellation proposal and not attaching the enquiry report, rendering the licence‑cancelling orders void.
Summary
Kamkhya Narayan Singh, holder of a Fair Price Shop licence, challenged the cancellation of his licence by the Sub‑Divisional Officer (SDO) who issued a show‑cause notice without attaching the enquiry report and without stating a proposal for cancellation, contrary to Rule 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016. The petitioner sought quashing of the SDO’s memo dated 03‑05‑2023, the appellate order dated 09‑03‑2026, and the show‑cause notices, and asked for restoration of his licence. The respondents argued that the writ petition was not maintainable because an appeal before the District Magistrate was available. The Court, relying on its earlier judgments (CWJC No.253 of 2014 and CWJC No.21202 of 2021), held that the failure to attach the enquiry report and to mention the cancellation proposal violated the principles of natural justice and the specific statutory requirement. Consequently, the Court set aside both the SDO’s order and the appellate order and remanded the matter to the SDO to issue a fresh, compliant show‑cause notice with the enquiry report. The petition was allowed in the extent indicated, with directions for a reasoned order after the petitioner’s hearing.
Issues considered
- Did the show‑cause notice issued by the SDO comply with Rule 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 requiring a proposal for cancellation and attachment of the enquiry report?
- Is the writ petition maintainable notwithstanding the existence of an alternative appeal before the District Magistrate?
- Should the orders cancelling the Fair Price Shop licence be set aside for violation of natural justice and statutory procedure?
Legislation cited
- Bihar Targeted Public Distribution System (Control) Order, 2016 — s. Rule 27(ii)
Subjects
- license cancellation
- fair price shop
- show cause notice
- natural justice
- Bihar Targeted Public Distribution System
- Rule 27(ii)
- writ petition
- quashing order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7335 of 2026
======================================================
Kamkhya Narayan Singh S/o Shiv Prashan Singh, R/o Village- Gopalpur,
P.O- Kund, P.S.- Dinara, District- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of food and
civil supply, Bihar, Patna.
2. The Divisional Commissioner, Patna Division, Patna.
3. The District Magistrate, Rohtas (Sasaram).
4. The Additional Collector-cum-Additional District Magistrate, District-
Rohtas (Sasaram).
5. The Sub Divisional Officer, Bikramganj, District- Rohtas (Sasaram).
6. The District Supply Officer, Rohtas (Sasaram).
7. The Block Supply Officer, Dinara, District- Rohtas (Sasaram).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhash, Adv.
For the Respondent/s : Mr. Addl. Advocate General (04)
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
3 25-06-2026 Heard learned counsel for the parties.
2. The present writ petition has been filed for the
following relief(s):-
“(i) To issue a writ in the nature of
CERTIORARI for quashing the order vide
Memo No. 377 dated 03.05.2023 passed by
S.D.O. Bikramganj whereby and whereunder
he has cancelled the fair price shop license
of the petitioner vide license No. 32/2007.
(ii) To quash the order dated
09.03.2026 passed in Supply Appeal Case
No.- 08/2022/16/2025 by Additional
Patna High Court CWJC No.7335 of 2026(3) dt.25-06-2026
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Collector-cum-Additional District
Magistrate, Rohtas (Sasaram) whereby and
whereunder he rejected the case and affirm
the order of S.D.O., Bikramganj.
(iii) To quash the show cause
notices dated 04.03.2023 and 28.03.2023
issued S.D.O. Bikramganj as it is issued in
violation of order 27(ii) of the B.T.P.D.S.
Control Order.
(iv) To direct the S.D.O.
Bikramganj to restore the P.D.S. license of
the petitioner.”
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
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11.03.2015 wherein this Hon’ble Court has held that the
nonsupply of the enquiry report along with the show-cause is
bad and against the principle of natural justice and equity.
6. 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.
7. 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.
8. Per contra, the learned counsel appearing on behalf
of the respondents has vehemently opposed the very
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 an appeal before the
District Magistrate. Learned counsel has therefore prayed this
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Hon’ble Court to dismiss the present writ petition.
9. 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 foodgrains
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.
Though it was strenuously argued by
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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."
10. 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. ”
11. 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
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proposal of the action sought to be taken against the petitioner.
12. Having regard to the above facts and
circumstances and the law laid down by this Hon’ble Court, the
present CWJC is allowed. The impugned order dated
03.05.2023 passed by the Sub-Divisional Officer and the
impugned order dated 09.03.2026 passed by the appellate
authority are set aside. The matter is remanded back to the Sub-
divisional Officer (Respondent No. 5) 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.
13. 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 concerned shall pass a reasoned orders strictly in
accordance with law duly taking into consideration the
explanation submitted by the petitioner.
14. 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
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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.
15. With the above directions, this Writ Petition is
allowed to the extent indicated above.
(A. Abhishek Reddy , J)
Gauravkr/-
U
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