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Patna High Court

Prabhu Dyal Rai @ Prabhu Dyal SharanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The appeal is dismissed as the judgment of the Single Judge does not exhibit illegality, infirmity or perversity.

Summary

The appellant, a Public Distribution System dealer, challenged the cancellation of his PDS licence (No. 06-GHT-01/08) originally ordered in 2013 and upheld by successive statutory authorities, including the Sub‑Divisional Officer, the Collector‑Magistrate and the Divisional Commissioner. After exhausting statutory appeals and revisions, he filed a writ petition which was dismissed by the Single Judge, a decision he appealed via a Letters Patent intra‑court appeal. The appellant argued that the cancellation was arbitrary, violated natural justice and Articles 14 and 15 of the Constitution, and that the licence should be restored. The respondents contended that the statutory orders were lawful and based on consumer complaints. The High Court affirmed that the scope of interference in a Letters Patent appeal is limited to detecting perverse or illegal findings, and found no such infirmity in the earlier judgments, noting the lapse of nine and a half years made restoration purposeless. Consequently, the Court dismissed the appeal, holding that the Single Judge's decision did not suffer from illegality, infirmity or perversity.

Issues considered

  • Whether the judgment of the Single Judge dismissing the writ petition suffers from any illegality, infirmity or perversity warranting interference in an intra‑court appeal.
  • Whether the cancellation of the appellant's PDS licence was arbitrary, violative of natural justice, and in breach of Articles 14 and 15 of the Constitution.

Subjects

  • PDS licence
  • cancellation
  • natural justice
  • Articles 14
  • Articles 15
  • Letters Patent Appeal
  • intra‑court appeal
  • administrative law
  • statutory authority

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Letters Patent Appeal No.803 of 2023
                                                      In
                                Civil Writ Jurisdiction Case No.5511 of 2023
                 ======================================================
                 Prabhu Dyal Rai @ Prabhu Dyal Sharan, aged about 78 years (Male), S/o
                 Late Ganour Prasad, Resident of Village- Gaus Nagar, P.O. and P.S. - Gaighat,
                 District - Muzaffarpur.

                                                                          ... ... Appellant
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Food and Consumer
                 Protection Department, Department, Bihar, Patna.
           2.    The Divisional Commissioner, Tirhut, Muzaffarpur.
           3.    The District Magistrate-cum-Collector, Muzaffarpur.
           4.    The District Supply Officer, Muzaffarpur.
           5.    The Sub-Divisional Officer, East Muzaffarpur.
           6.    The Block Supply Officer, Gaighat, Muzaffarpur.

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Appellant     :       Mr. Arbind Kumar Singh, Advocate
                 For the Respondents   :       Mr. S. Raza Ahmad, A.A.G.-5 and Mr. Alok
                                               Ranjan, A.C. to A.A.G.-5.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

6   02-02-2026                 Heard learned counsel for the appellant and learned

                   counsel for the respondents.

                               2. The present intra court appeal has been preferred

                   against the judgment and order dated 27.04.2023 passed by the

                   learned Single Judge in C.W.J.C. No. 5511 of 2023, whereby the

                   writ application filed by the appellant was dismissed.

                               3. The brief facts of the present case are that the
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          appellant was a Public Distribution System (PDS) dealer of

          Boaridih Panchayat under Gaighat Block, District Muzaffarpur.

          The PDS licence bearing Licence No. 06-GHT-01/08 was

          cancelled by the Sub-Divisional Officer, Muzaffarpur vide order

          dated 28.09.2013. Aggrieved by the said cancellation, the

          appellant preferred a statutory appeal before the Collector-cum-

          District Magistrate, Muzaffarpur, which was dismissed vide

          order dated 07.07.2020. Thereafter, the revision filed before the

          Commissioner, Tirhut Division, Muzaffarpur was also dismissed

          vide order dated 02.08.2021/10.02.2022. Challenging the

          aforesaid orders, the appellant filed C.W.J.C. No. 5511 of 2023,

          which came to be dismissed by the learned Single Judge vide

          order dated 27.04.2023.

                       4. In the said writ application, the appellant had

          sought the following reliefs:

                                  “For     issuance     of    an     appropriate
                                  writ/order/direction, after setting aside the
                                  order dated 02.08.2021/10.02.2022 passed in
                                  PDS Revision Case No. 90 of 2020, passed
                                  by the Commissioner, Tirhut, Muzaffarpur,
                                  Respondent No. 2 and the order dated
                                  07.07.2020, passed in Supply Appeal Case
                                  No. 18 of 2016-17 passed by The Collector-
                                  cum-District     Magistrate,      Muzaffarpur,
                                  Respondent No. 3 and also setting aside the
                                  order issued under Memo No. 646/Aa dated
                                  28.09.2013, passed by the Sub-Divisional
                                  Officer, Muzaffarpur, Respondent No. 5,
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                                  whereby and whereunder the license of PDS
                                  Shop having License No. 06-GHT-01/08 of
                                  the petitioner has been cancelled and
                                  affirmed by the Respondent Nos. 3 and 2
                                  respectively in appeal and Revision filed by
                                  the petitioner on erroneous consideration of
                                  fact and law and for grant of any other
                                  suitable relief/reliefs for which the petitioner
                                  is found entitle in the eye of law.”

                       5. Learned counsel for the appellant submits that the

          learned Single Judge failed to consider that the orders passed by

          the respondent authorities are arbitrary and passed without due

          application of mind. It is submitted that the settled legal position

          governing cancellation of PDS licenses were not considered and

          that the action of the respondent authorities is in violation of the

          principles of natural justice as well as Articles 14 and 15 of the

          Constitution of India. It is further submitted that the learned

          Single Judge failed to take into consideration that the PDS shop

          of the appellant has not been allotted to any other person till

          date and has merely been tagged with another shop situated at a

          distant place, thereby causing inconvenience to the local

          beneficiaries of the area.

                       6. Per contra, learned counsel for the respondents

          submits that there is no illegality, infirmity, or perversity in the

          impugned judgment.             It is further submitted that the orders

          passed by the statutory authorities are lawful, justified, and in
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          accordance with the provisions governing PDS licences.

                       7. The learned Single Judge, upon consideration of the

          submissions advanced by the parties and upon perusal of the

          materials available on record, declined to interfere with the

          orders passed by the statutory authorities and, inter alia,

          observed as under:

                                    “4. I have considered the submission, the
                                    licence was cancelled way back in 2013
                                    and almost nine and half years have gone
                                    by. No purpose would be served in restoring
                                    licence after such a long period. That apart,
                                    this Court also finds that all the fact finding
                                    authorities namely the Appellate Authority
                                    as well as the Revisional Authority have not
                                    accepted the version put up by the
                                    petitioner and complaints were recorded of
                                    the consumers, which have been made as a
                                    basis for cancellation of licence. No fault
                                    can be found in the orders passed by the
                                    Appellate       Authority   as   well   as   the
                                    Revisional Authority.”


                       8. The limited question that arises for consideration

          before this Court is whether the judgment passed by the learned

          Single Judge suffers from any illegality, infirmity, or perversity,

          warranting interference in intra- court appellate jurisdiction.
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                        9. We have given our anxious consideration to the

          rival submissions and have carefully examined the materials

          available the record. At the outset, it is well settled that the

          scope of interference in a Letters Patent Appeal is limited and

          cannot be wider than the scope of the writ petition itself. The

          Appellate       Court,      while      exercising   intra-court   appellate

          jurisdiction, does not ordinarily re-appreciate evidence or

          interfere with concurrent findings of fact unless such findings

          are shown to be perverse, arbitrary or suffering from patent

          illegality.

                        10. In the present case, the licence of the appellant

          was cancelled in the year 2013. The order of cancellation was

          examined by the statutory Appellate Authority as well as the

          Revisional Authority, both of whom recorded concurrent

          findings against the appellant. The competent authorities did not

          accept the explanation offered by the appellant and found that

          complaints made by the consumers constituted sufficient

          grounds for cancellation of the license.

                        11. The learned Single Judge, while exercising writ

          jurisdiction, has rightly declined to interfere with the concurrent

          findings recorded by the statutory authorities. We find no error

          in the observation of the learned Single Judge that, after a lapse
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          of nearly nine and a half years, no useful purpose would be

          served in restoring the licence.

                       12. The submissions advanced on behalf of the

          appellant before this Court do not point out any infirmity,

          illegality or perversity either in the orders passed by the

          statutory authorities or in the judgment rendered by the learned

          Single Judge. Mere reiteration of the grounds urged before the

          writ court cannot be a ground for interference in an intra-court

          appeal.

                       13. Upon an overall consideration of the facts and

          circumstances of the case and the legal position governing the

          matter, this Court finds that the appellant has failed to make out

          any case warranting interference with the judgment and order

          passed by the learned Single Judge.

                       14. Accordingly, the question framed is answered in

          the negative, and this Court is of the view that the impugned

          judgment does not suffer from any illegality, infirmity or

          perversity.

                       15. In view of the aforesaid discussion and

          considering the limited scope of interference in a Letters Patent

          Appeal, we are of the considered opinion that the present appeal

          is devoid of merit.
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                                  16. Accordingly, the present intra court appeal stands

                     dismissed.

                                  17. Pending application(s), if any, shall also stand

                     disposed of.




                                                               (Sudhir Singh, J)


                                                           (Rajesh Kumar Verma, J)

U.K./-
U      T


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