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Patna High Court

Vijay KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The appeal is dismissed and the order of the Single Judge restoring the PDS licence is affirmed.

Summary

The appellant, Vijay Kumar, complained that the private respondent Upendra Kumar had concealed his identity and held multiple names, leading the Divisional Commissioner to cancel his PDS shop licence in 2023. The respondent filed a writ petition, and the Single Judge set aside the cancellation, holding that the Additional Sub‑Divisional Officer's report verified the respondent's documents and that no material evidence of fraud was presented. On appeal, the appellant argued that the licence should remain cancelled on the basis of the pending criminal case and alleged forgery. The appellate court observed that the appellant failed to produce any documentary proof of a second identity and that the writ court should not adjudicate disputed facts. It affirmed the Single Judge's order restoring the licence, noting no illegality or perversity in the lower court's decision. The pending criminal case was directed to proceed independently.

Issues considered

  • Whether the cancellation of the PDS licence on the ground of alleged multiple identities was legally justified.
  • Whether the writ court should interfere with the factual findings of the administrative authority regarding the respondent's identity.
  • Whether the existence of a pending criminal case alone warrants cancellation of the licence.

Legislation cited

Subjects

  • PDS licence
  • identity fraud
  • Writ jurisdiction
  • Article 226
  • Administrative law
  • Cancellation of licence
  • Criminal case
  • Fact‑finding

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Letters Patent Appeal No.970 of 2024
                                                         In
                                Civil Writ Jurisdiction Case No.4506 of 2024
                 ======================================================
                 Vijay Kumar Son of Dinnanath Ram Resident of village Varuna Khurd, P.O.-
                 Basudhar, P.S.- Itarhi, District- Buxar
                                                                          ... ... Appellant/s
                                                      Versus
           1.     The State of Bihar
           2.    The Divisional Commissioner, Patna Division, Patna, Bihar
           3.    The District Magistrate, Buxar
           4.    The District Supply Officer, Buxar
           5.    The Sub-Divisional Officer, Buxar
           6.    The Block Development Officer, Itarhi, Buxar
           7.    The Block Supply Officer, Itarhi, Buxar
           8.     Upendra Kumar Son of Gudari Ram Resident of Village Varuna, P.O.-
                  Basudhar, P.S.- Itarhi, District- Buxar
                                                                  ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr. Udbhav, Advocate
                 For the Respondent/s   :      Mr. S.D. Yadav, AAG-9
                                               Mr. Anil Kr. Verma, AC to AAG-9
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

5   26-02-2026                  The present intra court appeal has been filed against

                   the judgment and order dated 20.08.2024 passed in CWJC No.

                   4506 of 2024, whereby the learned Single Judge allowed the

                   writ application, and set aside the orders wherein the PDS

                   license of the private respondent (Respondent No. 8) was

                   cancelled.

                                2. The brief facts of the present case are that the
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          private respondent in the year 2018 was selected as a PDS

          license dealer by the District Level Selection Committee, and

          was running his shop. Upon a complaint made by the appellant,

          the Sub-Divisional Public Grievance Officer, Buxar, made

          extensive inquiries, and found that the petitioner had concealed

          facts and did not disclose true information regarding his identity.

          It was alleged that the private respondent had appeared in

          Matriculation examination twice, with different names, and he

          had two Voter ID cards with these names. Further a criminal

          case was instituted against the petitioner on the basis of such

          allegations.

                       3. Considering the allegations and the pending

          criminal case, the Divisional Commissioner vide order dated

          05.10.2023 cancelled the PDS license given to the private

          respondent. Aggrieved by the same, he preferred the impugned

          writ application, which came to be allowed. The present appeal

          has been filed against the said order passed in impugned writ

          application.

                       4. The learned Single Judge while allowing the writ

          petition held that the Additional Sub-Divisional Officer Buxar,

          vide his report dated 04.01.2021 had verified the claims of the

          private respondent, and found his certificate and documents to
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          be genuine. The learned Single Judge further held that the

          Divisional Commissioner in its order dated 05.10.2023, did not

          refer to the said report, and only on the basis of pending

          criminal cases proceeded to cancel the PDS license of the

          private respondent. The learned Single Judge further relied upon

          the documents submitted by the private respondent which

          established the identity of private respondent as ‘Upendra

          Kumar’ only, and not by any other name. The relevant

          paragraphs of the impugned judgment are reproduced as under:

                          6. Admittedly, as seen from the record, the Additional
                          Sub-Divisional Officer, Buxar dated 04.01.2021 has
                          verified the documents filed by the petitioner and also
                          the documents filed by the respondent No. 8 and came
                          to the conclusion that the documents issued in favour of
                          the petitioner were found to be genuine and the
                          petitioner is known only by the name of Upendra
                          Kumar and, moreover, it was further held in the report
                          that the alleged application made in the name of
                          Pankaj Kumar Kamal to the post of Vikas Mitra is
                          suspicious one. However, the Divisional Commissioner,
                          Patna while passing the order impugned in the present
                          writ petition has not adverted to the said report and
                          has passed the order in a mechanical manner solely
                          based on the fact that a police complaint has been
                          registered in the name of the petitioner.
                          7. This Court, vide order dated 14.05.2024, has
                          directed the petitioner to file all the relevant documents
                          to substantiate that the petitioner is known only by the
                          name of Upendra Kumar. Pursuant to the said order,
                          the petitioner has filed a rejoinder along with the
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                          relevant documents.
                                   8. A perusal of the documents (Annexure-P/9
                          series of the rejoinder) reads as follows;
                                       1. Photocopy of Admit Card, 2000 issued by
                                       the Bihar School Examination Board.
                                       2. Photocopy of Marks Sheet, 2000 of Bihar
                                       School Examination Board, Patna.
                                       3. Photocopy of Certificate dated 24.10.2000
                                       of Bihar School Examination Board, Patna.
                                       4. Photocopy of School Leaving Certificate
                                       dated 18.07.2000.
                                       5. Photocopy of Admit Card, 2002 issued by
                                       the Bihar Intermediate Education Council,
                                       Patna.
                                       6. Photocopy of Marks Statement dated
                                       17.06.2002 of Bihar Intermediate Education
                                       Council, Patna.
                                       7. Photocopy of Certificate dated 15.10.2002
                                       of Bihar Intermediate Education Council,
                                       Patna.
                                       8. Photocopy of Admit Cards for Bachelor of
                                       Arts of Veer Kunwar Singh University, Ara.
                                       9. Photocopy of Mark Sheet dated 15.11.2005
                                       of Veer Kunwar Singh University, Ara.
                                       10. Photocopy of Provisional Certificate
                                       dated 19.08.2023 for Bachelor of Arts of Veer
                                       Kunwar Singh University, Ara.
                                       11. Photocopy of Admit Card for Master of
                                       Arts of Veer Kunwar Singh University, Ara.
                                       12. Photocopy of Marks Sheet dated
                                       27.08.2007 for Master of Arts of Veer
                                       Kunwar Singh University, Ara.
                                       13. Photocopy of Provisional Certificate
                                       dated 19.08.2023 for Master of Arts of Veer
                                       Kunwar Singh University, Ara.
                                       14. Photocopy of Marks Sheet dated
                                       28.07.2013 for Bachelor of Physical
                                       Education.
                                       15. Photocopy of the Result Card dated
                                       03.10.2023 of Bihar School Examination
                                       Board for Secondary Teacher Eligibility Test,
                                       2023.
                                       16. Photocopy of the Election Certificate
                                       dated 22.05.2011.
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                          9. All the above documents filed by the petitioner reveal
                          that the petitioner is known only by the name of
                          Upendra Kumar and not by any other name. It is
                          pertinent to note that some of the documents filed by the
                          petitioner pertain to the year 2000. The respondent No.
                          8 except filing the application obtained under the Right
                          to Information Act, 2005 showing that the application
                          has been made by the Pankaj Kumar Kamal, has not
                          filed any other documents to substantiate the allegation,
                          merely because a criminal complaint is filed and an FIR
                          is registered against the petitioner, the same cannot be
                          the basis for cancelling the license issued in favour of
                          the petitioner has directed the District Officer, Buxar to
                          cancel the license of the petitioner.”


                       5. Learned counsel for the appellant submits that the

          appellant had approached the concerned authorities with his

          grievance that the private respondent had committed forgery,

          and had multiple identities/names. On basis of such allegations,

          a criminal case had also been instituted against the private

          respondent. Therefore, the Divisional Commissioner had rightly

          cancelled the license of the private respondent on basis of the

          findings available to him. Learned counsel further submits that

          in the impugned writ application, the learned Single Judge

          erroneously entered into fact finding, and should have limited

          itself to procedural correctness under the writ jurisdiction. The

          learned counsel further submits that the learned Single Judge

          unilaterally relied upon the documents submitted by the
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          petitioner, and as such the impugned judgment is fit to be set

          aside.

                       6. Upon perusal of materials on record, it is apparent

          that the respondent no. 08 (private respondent) was granted the

          PDS shop license in the year 2018, after due verification of the

          documents furnished by him. It is also not in dispute that the

          Additional Sub-Divisional Officer Buxar, vide his report dated

          04.01.2021 had verified the documents of the private

          respondent, and found his certificate/documents submitted to be

          genuine. As such, the claim by the appellant that the private

          respondent is having multiple identities seems to be personally

          motivated. The appellant has not brought any material

          document/evidence on record to show that the private

          respondent indeed has two names.

                       7. It is also pertinent to note that the appellant, who

          was the original complainant against the private respondent, has

          not been able to dislodge the findings recorded by the learned

          Single Judge by bringing any substantive material on record.

          Moreover, there is nothing to indicate that the private

          respondent had obtained the PDS license by taking advantage of

          any alleged second identity. The case of the appellant does not

          demonstrate that the private respondent, by use of another name,
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          managed to secure eligibility or gain any undue advantage in the

          process of grant of the PDS license. In the absence of any

          element of misrepresentation or fraud that could have influenced

          the decision of the authorities in granting the license, the mere

          assertion that the private respondent may be known by more

          than one name does not, by itself, invalidate the grant of the

          PDS license.

                       8. It is a well-settled principle that a Writ Court, in the

          exercise of its jurisdiction under Article 226, generally refrains

          from adjudicating disputed questions of fact; this principle has

          been squarely applied to the present proceedings. Upon perusal

          of records, it is clear that the learned Single Judge restricted the

          inquiry to the limited issue of identity of the private respondent,

          and the subsequent action of the authorities based on it. While

          the appellant failed to produce any material evidence to

          substantiate his allegations, the Private Respondent submitted

          original documentation dating back to the year 2000, which

          serves as conclusive proof of his identity. Additionally, the

          respondent authorities have also brought no material evidence

          on record to substantiate such claims. Accordingly, the claim of

          the appellant that the private respondent had two different

          identities cannot be sustained. As such, the action taken by the
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                      respondent authorities against the private respondent cannot be

                      said to be in accordance with law.

                                   9. In the above facts and circumstance of the case, and

                      considering the discussions made above we find no illegality or

                      perversity in the order of the learned Single Judge, and the order

                      is hereby affirmed.

                                   10. Accordingly, the present intra court appeal stands

                      dismissed.

                                   11. It is however made clear that the criminal case

                      pending against the private respondent (Respondent No. 8) shall

                      be dealt with independently based on the evidence adduced by

                      the parties, and any findings or observations made herein shall

                      not have any effect on the said criminal case.

                                   12. Pending application(s), if any, shall stand disposed

                      of.



                                                   (Sudhir Singh, J)


                                               (Rajesh Kumar Verma, J)
Anushka/-

U


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