Rupmala Kumari Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1504 of 2025

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Rupmala Kumari Wife of Ramashankar Kumar Yadav Resident of VillageWard No-3, Panchayat Bharthua, P.S. Aurai, District-Muzaffarpur.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Bihar, Patna.

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The District Magistrate, Muzaffarpur, District-Muzaffarpur.

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The District Supply Officer, Muzaffarpur, District-Muzaffarpur.

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The Sub Divisional Officer Cum Licensing Authority, Muzaffarpur, East, District-Muzaffarpur.

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The Block Supply Officer, Aurai Block, District-Muzaffarpur.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Brij Bihari Tiwary, Adv. For the Respondent/s : Mr. Nalin Saroj, Government Pleader (05) : Ms. Shalinin AC to GP5

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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY

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ORAL ORDER

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4 11-07-2025 Heard the learned counsels for the parties.

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2 . This writ petition has been filed for seeking the

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following relief(s)

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“(i) To issue a writ in the nature of Certiorari for setting aside the order dated 29.10.2024 passed in Supply Appeal Case No. 18/2023 by the Ld. District Magistrate, Muzaffarpur affirming the order contained in Memo No. 537 dated 04.05.2023 passed the Sub-Divisional Officer Muzaffarpur East by which the PDS License of the Petitioner has been cancelled.

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(ii) To quash the order dated 04.05.2023 passed by the Sub-Divisional Officer Muzaffarpur East by which the PDS License of the Petitioner has been

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Patna High Court CWJC No.1504 of 2025(4) dt.11-07-2025 2/5

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cancelled bearing License No. 05/19 vide Memo No. 537.

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(iii) To restore the PDS shop license of the Petitioner bearing License No. 05/19. (iv) To pass any order appropriate order/ orders as your Lordship may deem fit and proper for the end of justice.”

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3 . Learned counsel appearing on behalf of the petitioner has stated that in the Show Cause Notice issued by the Sub-Divisional Officer there is no proposal for cancellation of the license. Learned counsel has stated that non-mentioning of the proposal for cancelling her license is contrary to the provisions of order 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 (hereinafter referred to as ‘the Order, 2016’).

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4 . Learned counsel for the petitioner has relied on the judgment of the full Bench passed in CWJC No.21202 of 2021 and analogous cases dated 26.09.2023 to buttress his contention that non-mentioning of the proposed action in the show-cause notice is bad in law and contrary to Rule 27(ii) of the Control Order, 2016.

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5. Learned counsel has stated in view of the above mentioned provisions of law and judgment relied by the petitioner, the impugned order may be set aside and matter remanded back to the authorities concerned for issuing a fresh

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Patna High Court CWJC No.1504 of 2025(4) dt.11-07-2025 3/5

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show-cause notice in terms of order 27(ii) of the Control Order, 2016 and thereafter take necessary action.

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6 . Per contra , the learned counsel appearing on behalf of the respondents has vehemently opposed the very maintainability of the writ petition and stated that the present writ petition is not maintainable as the petitioner has an alternative and efficacious remedy of filing a revision under provisions of the Control Order, 2016. Learned counsel has therefore prayed this Hon’ble Court to dismiss the present writ petition.

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7 . This Hon’ble Court in CWJC No.21202 of 2021 and analogous cases has held as under:

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“19. Accordingly, we answer the reference as under:-

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It is mandatory for a licensing authority issuing a notice under order 27(ii) to a license to mention that there is a proposal for cancellation of his license, failing which such notice cannot be treated to be a valid notice of giving sufficient opportunity to the licensee to state his case under order 27(ii) of the BTPDS Control Order. ”

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8 . A perusal of the show-cause notice issued to the

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petitioner does not reveal that there is any proposal of the action sought to be taken against the petitioner. Therefore, the same has to held as bad, illegal, contrary to the provisions of Rule

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Patna High Court CWJC No.1504 of 2025(4) dt.11-07-2025 4/5

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27(ii) of the Control Order and has to necessarily set aside.

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9 . Having regard to the above facts and circumstances

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and the law laid down by this Hon’ble Court, the present CWJC is allowed. The impugned order passed by the Appellate Authority dated 29.10.2024, as well as the order passed by the Sub-Divisional Officer, Muzaffarpur East, District-Muzzafarpur dated 04.05.2023 are set aside. The matter is remanded back to the Sub-divisional Officer for issuing a fresh show-cause notice to the petitioner strictly in compliance with the provisions of Rule 27(ii) of the Control Order, 2016 and call for her explanation by giving him reasonable time.

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10 . On such show-cause notice being served, the petitioner shall file her explanation within the stipulated time. On receipt of the explanation submitted by the petitioner, the authority concerned shall pass a reasoned order strictly in accordance with law duly taking into consideration the explanation submitted by the petitioner.

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11. It is needless to mention that before passing any orders, the petitioner shall be given an opportunity of hearing. The entire exercise shall be completed as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of this order. Any order passed shall be

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Patna High Court CWJC No.1504 of 2025(4) dt.11-07-2025 5/5

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communicated to the petitioner.

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12 . With the above directions, this Writ Petition is

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allowed to the extent indicated above.

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(A. Abhishek Reddy, J)

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Ayush/-