Allowed

Kamlesh Kumar Singh v. The State of Bihar through the Secretary Food and Civil Supply Department

Patna HC24 Apr 2025CWJC/11393/2024

Case brief

AI extract

What is this about?

The High Court quashed an order cancelling the petitioner's PDS license based solely on the institution of an FIR. The Court held that mere FIR filing is invalid ground for cancellation under the PDS Control Order and restored supplies.

What did the court decide?

Quashed the order dated 23.03.2023 cancelling the PDS license; directed restoration of supplies to the petitioner without delay.

Kamlesh Kumar Singh Vs The State of Bihar through the… — Writ and Judicial Review | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11393 of 2024

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Kamlesh Kumar Singh S/o- Late Avinash Kumar Singh R/o- Dekpura, P.S.Rahui, Dist- Nalanda, Bihar.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Secretary Food and Civil Supply Department, Government of Bihar, Patna.

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The District Magistrate, Nalanda.

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The Sub- Divisional Officer cum Licensing Authority, Biharsharif, Nalanda.

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The Block Supply Officer, Rahui, Nalanda.

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The Divisional Commissioner, Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Vishal Vikram Rana, Adv. : Ms. Misha Bharti, Adv. : Mr. Zeeshan Khan, Adv. : Ms. Pallavi, Adv. For the Respondent/s : Mr. Standing Counsel (5) ======================================================

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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

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2 24-04-2025 Heard the learned counsel for the parties.

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The present writ petition has been filed for the

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following relief(s):-

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“I. To quash the Order dated 23.03.2023 in BTPDS Control Revision Case No. 127 of 2022.

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II. To director the respondent authority to re-instate the PDS license of the petitioner.

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III. And, for any other relief, which may deem fit and proper in the facts and circumstances of the case.”

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Learned counsel for the petitioner submits that the

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solitary ground given in the show cause notice dated 07.04.2020

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vide Memo No. 506 for cancelling the PDS licence of the

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Patna High Court CWJC No.11393 of 2024(2) dt.24-04-2025 2/3

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petitioner was that an First Information Report (F.I.R.) bearing Rahui P.S. Case No. 113 of 2020 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.

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Learned counsel for the respondents appears and has been heard.

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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 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.

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