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Patna High Court

Rajkumar Sonkar @ Raj Kumar SwarnkarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

A show‑cause notice that does not state a proposal for cancellation is invalid under Rule 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016, and consequently the cancellation orders must be set aside.

Summary

The petitioner, Rajkumar Sonkar, challenged the cancellation of his Fair Price shop licence issued by the Sub‑Divisional Officer and upheld by the Collector, arguing that the show‑cause notice did not comply with Rule 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016, which requires a clear proposal for cancellation. The petitioner sought quashing of both orders and a mandamus to restore the licence. The respondents contended that the writ petition was not maintainable because a revision before the Divisional Commissioner was an alternative remedy. The Court examined the earlier full‑bench decision in CWJC No.21202 of 2021, which held that omission of the cancellation proposal renders the notice invalid. Finding the notice defective, the Court set aside the cancellation orders and remanded the matter to the Sub‑Divisional Officer to issue a fresh, compliant notice. The writ petition was allowed, with directions for a timely hearing and reasoned order on the fresh notice.

Issues considered

  • Whether a show‑cause notice issued under Rule 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016, is valid when it fails to mention a proposal for cancellation of the licence.
  • Whether the cancellation orders based on such a defective notice can be set aside.
  • Whether the writ petition is maintainable despite the existence of an alternative remedy of revision before the Divisional Commissioner.

Legislation cited

Subjects

  • licence cancellation
  • show‑cause notice
  • mandamus
  • public distribution system
  • administrative law
  • procedural fairness

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8420 of 2026
                 ======================================================
                 Rajkumar Sonkar @ Raj Kumar Swarnkar Son of Abhay Kumar Sah,
                 Resident of Village - Purab Tola Ward No. -14, P.S. - Kahalgaon, District -
                 Bhagalpur.
                                                                          ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through the Principal Secretary, Food and Consumer
                  Protection Department, Old Secretariat, Patna.
           2.    The Collector, Bhagalpur.
           3.    The Licensing Authority -Cum- Sub- Divisional Officer, Kahalgauon,
                 District - Bhagalpur.
           4.     The Block Supply Officer, Kahalgaon, District - Bhagalpur.
                                                                          ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :          Mr. Rajeev Kumar Labh, Adv.
                 For the Respondent/s   :          Mr. Government Pleader (11)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   23-06-2026                 Heard the learned counsels for the parties.

                               2. This writ petition has been filed for seeking the

                   following relief(s)

                                            “A. For quashing and setting aside the order passed by
                                            the Licensing Authority-Cum-Sub-Divisional Officer,
                                            Kahalgaon vide Memo No. 1109 dated 29/4/2024
                                            whereby and where under license of the petitioner's Fair
                                            Price shop bearing No. 02/2020 has been cancelled with
                                            immediate effect contained in Annexure -P/1 and
                                            quashing and setting aside the order dated 13/1/2026
                                            passed by the learned Collector, Bhagalpur in Supply
                                            Appeal Case No. 33/2024-25 whereby and where under
                                            appeal filed by the petitioner has been rejected and
                                            upheld the cancellation order contained in Annexure –
                                            P/4.
                                            B. A mandamus commanding the Respondents to restore
                                            the petitioner's license as before and to make allotment
                                            for the petitioner's shop.
                                            C. Any other relief or reliefs for which petitioner may be
                                            found entitled in the fact and circumstances of the present
                                            case may be granted to her.”



                                   3. Learned counsel appearing on behalf of the

                   petitioner has stated that in the Show Cause Notice issued by the
Patna High Court CWJC No.8420 of 2026(2) dt.23-06-2026
                                            2/4




          Sub-Divisional Officer there is no proposal for cancellation of

          the license. 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’).

                      4. Learned counsel for the petitioner has relied on the

          judgment of the full Bench 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.

                      5. Learned counsel has stated in view of the above

          mentioned provisions of law and judgment 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 thereafter take necessary action.

                      6. 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 alternate
Patna High Court CWJC No.8420 of 2026(2) dt.23-06-2026
                                            3/4




          and efficacious remedy of filing a revision before the Divisional

          Commissioner. Learned counsel has therefore prayed this

          Hon’ble Court to dismiss the present writ petition.

                      7. 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. ”

                      8. A perusal of the show-cause notice issued to the

          petitioner does not reveal that there is any proposal of the action

          sought to be taken against the petitioner. Therefore, the same

          has to held as bad, illegal, contrary to the provisions of Rule

          27(ii) of the Control Order and has to necessarily set aside.

                      9. 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 passed by the by the Appellate

          Authority dated 13.01.2026 and the order passed by the Sub-

          Divisional Officer, Kahalgaon dated 29.04.2024 are set aside.

          The matter is remanded back to the Sub-divisional Officer for
          Patna High Court CWJC No.8420 of 2026(2) dt.23-06-2026
                                                      4/4




                    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 call for his explanation by giving him

                    reasonable time.

                                10. 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 order strictly in

                    accordance with law duly taking into consideration the

                    explanation submitted by the petitioner.

                                11. 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.

                                12. With the above directions, this Writ Petition is

                    allowed to the extent indicated above.



                                            (A. Abhishek Reddy, J)
Ayush/-

U


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