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Patna High Court

Rajendra SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Mere institution of an FIR is not a valid ground for suspension of a PDS licence and the impugned orders are quashed.

Summary

The petitioner, Rajendra Sah, challenged the suspension of his PDS licence by the Sub‑Divisional Magistrate, which was based solely on the institution of an FIR against him and was effected without considering his reply to the show‑cause notice. He argued that the suspension violated the procedural time limit of 180 days under Rule 28 of the control order and that mere allegation of criminal conduct is not a ground for licence cancellation. The Court examined the PDS (Control) Order, 2001 and Rule 7 of G.S.R. No. 1 2007, holding that an FIR alone does not justify suspension of a PDS licence. It relied on the precedent set in Umesh Ram v. State of Bihar, AIR 2014 Patna 113. Consequently, the orders dated 09‑01‑2025 and 18‑12‑2023 were quashed and the petitioner’s licence was ordered to be restored immediately. The Court clarified that if the petitioner is later convicted, appropriate action may be taken thereafter.

Issues considered

  • Whether the mere institution of an FIR constitutes a valid ground for suspension of a PDS licence under the PDS (Control) Order, 2001 and related rules.
  • Whether the suspension order complied with the 180‑day procedural limit prescribed in Rule 28 of the control order, 2016.
  • Whether the authorities were required to consider the petitioner’s reply to the show‑cause notice before suspending the licence.

Legislation cited

Subjects

  • PDS licence
  • suspension
  • FIR
  • show cause notice
  • certiorari
  • administrative law
  • Bihar Food and Civil Supply Department
  • procedural fairness

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.9283 of 2025
                 ======================================================
                 Rajendra Sah S/o Late Ram Pratap Sah, Resident of Village- Harpur Balra,
                 Balara Ismile, Block- Kudhani, P.S.- Maniyari, District- Muzaffarpur, P.D.S.
                 dealer Panchayat Harpur Balara, Block- Kudhani, District- Muzaffarpur.

                                                                          ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through its Principal Secretary Food and Civil Supply
                 Department Govt. of Bihar, Patna.
           2.    Sub-Divisional Magistrate, Muzaffarpur West P.S.- Town, District-
                 Muzaffarpur.
           3.    Block-Supply Officer, Kudhani, P.S.- Kudhani, District- Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr. Shankar Kishore Shahi, Adv.
                 For the Respondent/s   :         Mr. Government Advocate (11)
                 For the State          :         Mr. Pratik Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

8   11-02-2026                  Heard learned counsel for the parties.

                               2. The present Writ Petition has been filled for the

                   following reliefs:-

                                                         “1. That this an application for
                                            issuance of a writ in the nature of certiorari for
                                            quashing memo no. 28 dt. 09.01.025 as well as
                                            memo no. 1560 dated 18.12.2023 passed by the
                                            Sub-Divisional Magistrate, West, Muzaffarpur
                                            whereby and where under the Licence of the
                                            petitioner    has    been    suspended    without
                                            considering the reply of show cause, after
                                            elapse of more than one year of suspension of
                                            the Licence of the petitioner dated 18.12.2023.
                                            Block Supply Officer Kudhani vide Memo No.
                                            368 dt. 21.12.2023 issued to the petitioner
Patna High Court CWJC No.9283 of 2025(8) dt.11-02-2026
                                            2/3




                                  above cancellation of the shop. It violates Rule
                                  28 of the control order, 2016 where it is stated a
                                  lawful action shall be taken within 180 days
                                  said memo 1560 dt. 18.12.2023 is provided to
                                  this petitioner on 19.02.2025 itself to the when
                                  the petitioner approached to the respondent no.-
                                  2 on 20.12.2024 to restore the P.D.S. Licence.
                                               It is further prayed to direct the
                                  Respondent No. 2 Sub-Divisional, Magistrate,
                                  West, Muzaffarpur to restore the P.D.S. Licence
                                  of the petitioner and to allot the monthly
                                  allotment in favour of the petitioner forthwith.”



                      3. Learned counsel for the petitioner submits that the

          solitary ground given in the show cause notice for suspending

          the PDS licence of the petitioner was that an First Information

          Report (F.I.R.) bearing Maniyari P.S. Case No. 380 of 2023 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
             Patna High Court CWJC No.9283 of 2025(8) dt.11-02-2026
                                                         3/3




                       makes it clear that mere institution of a First Information Report

                       would not constitute a valid ground for suspension 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.

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

                       09.01.2025 and 18.12.2023 are hereby quashed and 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/-

U


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