Amlendra Paswan @ Amrendra PaswanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.8255 of 2026
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                 Amlendra Paswan @ Amrendra Paswan Son of Late Sudarshan Paswan,
                 Resident of Village- Dorapur, Village Panchayat- Barah, Police Station-
                 Ranitalab, District- Patna.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary Department of Food and
                 Consumers Protection, Government of Bihar, Patna.
           2.    The District Magistrate, Patna.
           3.    The Sub-Divisional Officer, Paliganj, Patna.
           4.    The District Supply Officer, Patna.
           5.    The Block Supply Officer, Bikram, Dist- Patna.

                                                           ... ... Respondent/s
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                 Appearance :
                 For the Petitioner/s   :         Mr.Uday Kumar, Adv.
                                                  Mr. Binay Kumar, Adv.
                                                  Mr. Rahul Kumar, Adv.
                 For the Respondent/s   :         Mr.Standing Counsel 04
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                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   17-06-2026                   Heard learned counsel for the parties.

                                 2. The present Writ Petition has been filled for the

                   following reliefs:-

                                            “That this is an application for issuance of
                                            appropriate writ/writs, order/orders and
                                            direction/directions to quash the order dated
                                            26-02-2026 contained in Memo No. 51 by
                                            which the Ld. Sub Divisional Officer,
                                            Paliganj (Patna) has cancelled the License
                                            No 163/2016-17 of the petitioner only on the
                                            ground of F.I.R after its suspension dated 12-
                                            09-2025 contrary to clause 28 of the Bihar
                                            Targeted P.D.S. (Control) Order, 2016 when
                                            the petitioner was not sent to jail or gone
                                            fugitive and for direction upon the
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                                 respondent No. 3 to continue allocation to
                                 the Public Distribution System Shop of the
                                 petitioner after declaring the order of
                                 cancellation null and void and/or pass such
                                 other order(s) as your Lordships may deem
                                 fit and proper under the facts and
                                 circumstances of the case.”

                      3. Learned counsel for the petitioner submits that the

          solitary ground given in the order dated 26.02.2026 vide Memo

          No. 51/A for cancelling the PDS licence of the petitioner was

          that an First Information Report (F.I.R.) bearing Ranitalab P.S.

          Case No. 347 of 2025 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 113 as well.
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                                   6. In view of the above, the impugned order dated

                       26.02.2026 (Annexure-P/3) is hereby quashed.

                                   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