Md. KazimversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8744 of 2026
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                 Md. Kazim Son of Md. Ekramul Haque, resident of Village- Madarsa Chowk
                 Chainpur, P.S.-Kudhni, District- Muzaffarpur.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary Department of Food and
                 Consumer Protection, Bihar, Patna.
           2.    The Divisional Commissioner, Tirhut Division, Muzaffarpur.
           3.    The District Magistrate, Muzaffarpur.
           4.    The Sub-Divisional Officer, West Muzaffarpur.
           5.    The District Supply Officer, Muzaffarpur.
           6.    The Block Supply Officer, Kudhni, District- Muzaffarpur.

                                                           ... ... Respondent/s
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                 Appearance :
                 For the Petitioner/s    :        Mr. Raju Kumar, Adv.
                                                  Mr. Murli Manohar, Adv.
                                                  Mr. Shubham Samrat, Adv.
                 For the Respondent/s    :        Mr. Government Advocate (11)
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                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   24-06-2026                      Heard learned counsel for the parties.

                                 2. The present Writ Petition has been filled for the

                   following reliefs:-

                                                        “To issue an appropriate order/s,
                                             direction/s including a writ preferably in the
                                             nature of CERTIORARI for quashing notice as
                                             contained in the memo dated 24.02.2025 issued
                                             from the office of Sub-Divisional Officer (West)
                                             Muzaffarpur    (Hereinafter    referred   to   as
                                             respondent No.4) whereby and whereunder the
                                             petition has been directed to furnish explanation
                                             alongwith evidence within seven days of the
                                             issuance of notice failing which P.D.S. license
Patna High Court CWJC No.8744 of 2026(2) dt.24-06-2026
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                                  should be cancelled in terms of provisions as
                                  contained in Bihar Targeted Public Distribution
                                  System (Control) 2016.
                                               (ii) To direct the respondent No.3 to
                                  restore the P.D.S. license of the petitioner vide
                                  license No.       23150049/ 2016 taking into
                                  consideration that order as contained in memo
                                  No.1166 dated 31.12.2024 by which license of
                                  the petitioner was suspended lost its force.”



                      3. Learned counsel for the petitioner submits that the

          solitary ground given in the show cause notice for cancelling the

          PDS licence of the petitioner was that an First Information

          Report (F.I.R.) bearing Maniyari P.S. Case No. 303 of 2024 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
             Patna High Court CWJC No.8744 of 2026(2) dt.24-06-2026
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                       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.

                                   6. In view of the above, the impugned order dated

                       24.02.2025 passed by the Sub Divisional Officer is hereby

                       quashed and consequently set aside.

                                   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)
Gauravkr/-

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