Patna High Court
Rohit Kumar MishraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The cancellation order is set aside because the show‑cause notice violated Rule 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016; a fresh notice must be issued in compliance with the rule.
Summary
Rohit Kumar Mishra challenged the cancellation of his PDS shop licence by the Sub‑Divisional Officer, who issued a show‑cause notice without attaching the enquiry report and without stating a proposal for cancellation, contrary to Order 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016. The petitioner argued that this breach violated natural justice and cited earlier Patna High Court judgments (CWJC 253/2014 and CWJC 21202/2021) that require such procedural safeguards. The respondents contended that the writ petition was not maintainable because an appeal to the appellate authority was available. The Court held that the show‑cause notice was invalid, set aside the cancellation order, and remanded the matter for issuance of a fresh notice complying with Rule 27(ii) and furnishing the enquiry report. The petition was allowed and the authorities were directed to complete the procedure within eight weeks.
Issues considered
- The validity of a show‑cause notice issued under Order 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 when it does not enclose the enquiry report or state a proposal for licence cancellation.
- Whether the writ petition is maintainable despite the existence of an alternative appellate remedy.
- Whether the cancellation order should be set aside on the ground of violation of natural justice.
Legislation cited
- Bihar Targeted Public Distribution System (Control) Order, 2016 — s. Rule 27(ii)
Subjects
- licence cancellation
- show‑cause notice
- natural justice
- Bihar PDS
- Rule 27(ii)
- writ petition
- certiorari
- mandamus
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8560 of 2026
======================================================
Rohit Kumar Mishra Son of Kishori Mohan Mishra, Resident of village-
Rajeshwari, P.S.- Chhatpur, District- Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Food and Consumer
Protection Department, Old Secretariat, Patna.
2. The District Magistrate, Supaul.
3. The Sub-Divisional Officer, Triveniganj, District- Supaul.
4. The Block Supply Officer, Chhatpur, District- Supaul.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Kumar Labh
For the Respondent/s : Mr. Government Advocate (11)
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 23-06-2026 Head learned counsel for the parties.
2. The present writ petition has been filed for the
following relief(s):-
“A. A Certiorari for quashing and setting aside the order
passed by the Sub-Divisional Officer, Triveniganj which
issued vide Memo No. 138 dated 23/3/2026 whereby and
where under license No. 03/2024 of the petitioner's P.D.S.
shop has been cancelled with immediate effect contained in
Annexure – P/1.
B. A mandamus commanding the Respondents to restore the
petitioner's license and to make allotment for the same as
before.
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 him.”
Patna High Court CWJC No.8560 of 2026(2) dt.23-06-2026
2/6
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
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 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
Patna High Court CWJC No.8560 of 2026(2) dt.23-06-2026
3/6
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
appellate authority. Learned counsel has therefore prayed this
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 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
Patna High Court CWJC No.8560 of 2026(2) dt.23-06-2026
4/6
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 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
Patna High Court CWJC No.8560 of 2026(2) dt.23-06-2026
5/6
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
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
23.03.2026 passed by the Sub-Divisional Officer, Triveniganj is
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.
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
Patna High Court CWJC No.8560 of 2026(2) dt.23-06-2026
6/6
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
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)
Ayush/-
U
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