Jagdish Prasad @ Jagdish Prasad Yadav Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10128 of 2025

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Jagdish Prasad @ Jagdish Prasad Yadav Son of Late Ramdhani Prasad Yadav, Resident of Village and Post Office- Madhopur (Bishunpur), Police Station - Govindpur, District- Nawadah ... Petitioner

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Versus

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The State of Bihar through the Principal Secretary, Department of Good and Civil Supply and Consumer Protection, Government of Bihar, Patna.

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The District Magistrate, Nawadah.

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The Sub Divisional Officer-cum-Licensing Authority, Rajauli, DistrictNawadah.

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The Block Supply Officer, Govindpur, Block - Govindpur, DistrictNawadah. ... Respondents

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====================================================== Appearance : For the Petitioner : Mr.Arun Kumar, Adv. For the Respondents : Mr.Standing Counsel (15) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

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2 07-07-2025

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Heard the parties.

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The present writ petition has been filed for the following relief(s) :

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“(i) For issuance of a writ in the nature of certiorari setting aside the impugned order bearing Memo No. 20 dated 27.03.2023 issued under the signature of Respondent No. 3 who is Licensing Authority whereby and whereunder although the impugned order of cancellation of P.D.S. License of the petitioner has been passed relying upon the enquiry report but without enclosing the same alongwith show cause notice explanation was asked from the petitioner within 3 days causing much prejudice to the petitioner is not only illegal rather in gross violation of

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Patna High Court CWJC No.10128 of 2025(2) dt.07-07-2025 2/5

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Principle of Natural Justice as also well settled proposition of law in this regard by this Hon'ble Court reported in 2015(2) PLJR Page 911 (Raghuvir Prasad Versus The State of Bihar and others) as also several judicial pronouncements of this Hon'ble Court.

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(ii) For further quashing the appellate order bearing Memo No. 247 dated 08.05.2025 passed in Case No. 88(M) of 2023 by learned District Magistrate, Nawadah whereby and whereunder without considering the aforesaid aspect as well as explanation submitted by the petitioner in mechanical manner rejected the appeal an d affirmed the impugned order of cancellation of P.D.S. Licence of petitioner which is not proper in the eye of law.

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(iii) For issuance of direction upon the Respondent concerned specially Respondent No. 3 to reinstate the P.D.S. Licence of the petitioner and provide him food stuffs and other materials for smooth running of P.D.S. shop of petitioner immediately.

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(iv) Any other order/orders for granting any other relief/relief for which the petitioner is found entitled to in the facts and circumstances of the case.

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Learned counsel appearing on behalf of the petitioner has stated that under similar circumstances, this Court

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Patna High Court CWJC No.10128 of 2025(2) dt.07-07-2025 3/5

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in CWJC No. 697 of 2022 dated 07.07.2022 and CWJC No. 7145 of 2023 dated 22.06.2023 has directed the concerned District Magistrate to release the food grains and also the vehicle that was seized from the petitioner therein. Learned counsel for the petitioner has stated that the petitioner is similarly situated and that the petitioner is ready to furnish adequate security/surety for the purpose of release of food grains as per the direction of the District Magistrate, Nawadah, Further, it is submitted that the confiscation proceedings are in the nature of civil proceedings and it is ultimately the sale proceeds of the confiscated property that will go into the account of the State and the petitioner is ready and willing to provide adequate securities/sureties. Therefore, the District Magistrate, Nawadah, may be directed to release the food grains in favor of the petitioner, subject to any other condition that may be imposed.

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Learned counsel appearing on behalf of the respondents has stated that as the petitioner is ready to provide adequate securities/sureties and to abide by the reasonable terms and conditions that may be imposed by the District Magistrate, Nawadah, he has no objection if this Hon’ble Court directs the District Magistrate, Nawadah, to release the food grains in favor

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Patna High Court CWJC No.10128 of 2025(2) dt.07-07-2025 4/5

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of the petitioner subject to the petitioner providing adequate securities/sureties to the extent of the value of the food grains and also subject to the petitioner abiding by other terms and conditions that may be imposed by the District Magistrate, Nawadah,

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Having regard to the above facts and circumstances of the case and also the judgments of this Hon’ble Court referred above, this Court directs the District Magistrate, Nawadah, to release the food grains seized from the petitioner which are subject matter of the present writ petition, subject to the condition that the petitioner shall make available adequate and sufficient securities/sureties (not in cash or bank guarantee) to the satisfaction of the District Magistrate, Nawadah, to the extent of the value of the food grains which may be assessed and that the petitioner undertakes to abide by any other condition that may be imposed for the purpose of future proceedings by the District Magistrate, Nawadah,

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Learned counsel for the petitioner undertakes on instruction from the petitioner that if the food grains are released in his favor, in course of trial he will not raise any question with respect to the seizure of the food grains and no identification. issue shall be raised in course of trial. Further, the photographs

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Patna High Court CWJC No.10128 of 2025(2) dt.07-07-2025 5/5

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of the jute/plastic bags containing the wheat which may be exhibited in course of trial and the samples of the seized food grains if obtained in accordance with law shall not be questioned by the petitioner and he will not claim any benefit out of this order in the pending proceedings and pursuant to the release of the food grains in his favor.

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Let the District Magistrate, Nawadah, pass an appropriate order after valuation of the food grains and other conditions to which the petitioner would be required to abide by. Such orders be passed within two weeks from the date of receipt/communication of this order.

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With the above directions, the present Writ Petition is allowed to the extent indicated.

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(A. Abhishek Reddy , J)

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Shamshad/-

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U

Jagdish Prasad @ Jagdish Prasad Yadav v. The State of Bihar

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Jagdish Prasad @ Jagdish Prasad Yadav v. The State of Bihar

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