Saraswati Devi Vs The state of Bihar

====================================================== Appearance : For the Petitioner/s : Mr. Mithilesh Kumar Rai, Advocate. For the Respondent/s : Mr. Raghwanand, GA-11 with Mr. Sanjay Kr. Tiwari, AC to GA-11.

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

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3 09-04-2025 Heard learned counsel for the parties.

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The present Writ Petition has been filed for the

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following reliefs:-

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“For issuance of a writ in the nature of Certiorari to quash the order dated 02.01.2024 passed in BTPDS Control Revision Case No. 130/23 passed by the Divisional Commissioner, Patna Division whereby and wehreunder the Commissioner Patna Division has been pleased to not interfere in Appeal No. 15/22 dated 05.12.2022 on the only ground that no face ground has been brought on record for his consideration as also to quash the order dated

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Patna High Court CWJC No.9697 of 2024(3) dt.09-04-2025 2/7

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05.12.2022 passed in Appeal Case No. 15/22 passed by the learned court of Collector Bojpur, Ara whereby and whereunder she has been pleased to reject the Appeal filed by the petitioner against the order of SDO contained in order bearing memo No. 94 dated 20.03.2021 and also to set aside the said order of the SDO Piro as contained in Memo No. 94 dated 20.03.2021 whereby and whereunder PDS License of the petitioner has been cancelled without observing the relevant provisions of law and further for issuance of a consequential writ in the nature of Mandamus for commanding and directing the respondent to restore the PDS license of the petitioner bearing no. 33/2016 in favour of the petitioner.”

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Learned counsel appearing on behalf of the petitioner has stated that the Sub-Divisional Officer while issuing the show cause notice to the petitioner has not enclosed the enquiry report and there is no proposal for cancellation of the license in the show-cause notice.

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Learned counsel has stated that non-mentioning of the proposal for cancelling his 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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Further learned counsel has relied on the judgment

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Patna High Court CWJC No.9697 of 2024(3) dt.09-04-2025 3/7

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of this Hon'ble Court in CWJC No.253 of 2014 dated 11.03.2015 wherein this Hon'ble Court has held that the nonsupply of the enquiry report along with the show-cause is bad and against the principle of natural justice and equity.

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Learned counsel has further stated that petitioner has taken the above ground in the appeal, but the appellate authority has not dealt with the above ground and dismissed the appeal in a mechanical manner.

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Learned counsel for the petitioner has also relied on the judgment of the Full Court 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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Learned counsel has stated in view of the above mentioned provisions of law and judgments relied by the petitioner, the impugned order may be set aside and matter remanded back to the authorities concerned for issuing a fresh show-cause notice in terms of order 27(ii) of the Control Order. 2016 and also furnish a copy of the enquiry report along with the said show-cause notice and thereafter take necessary action.

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Per contra, the learned counsel appearing on behalf

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Patna High Court CWJC No.9697 of 2024(3) dt.09-04-2025 4/7

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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 before the Commissioner. Learned counsel has therefore prayed this Hon'ble Court to dismiss the present writ petition.

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This Court in CWJC No. 253 of 2014 dated 11.03.2015 held as under:-

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“In my opinion, irregularities in maintenance of notice board or maintenance of the stocks within the premises of the petitioner are too trivial and cannot form a basis for cancellation of licence. No doubt there were other serious charges against the petitioner regarding non-issuance of cash-memo to the consumers, distribution of lesser amount of kerosene oil and nondistribution of food- grains but surprisingly even while making such allegations, the names of such consumers who are dissatisfied by such action of the petitioner are conspicuously missing. The allegations are sweeping in nature without reference to any specific consumer.

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In my opinion the non-supply of the enquiry report conducted by the District Level Committee which is the foundation for issuance of show cause notice placed at Annexure-1 as well as non-supply of names of such of the consumers who had complained against

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Patna High Court CWJC No.9697 of 2024(3) dt.09-04-2025

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5/7

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the petitioner as regarding the irregularities in distribution of the foodgrains or the kerosene oil has prejudiced the petitioner to file his purposeful reply and in absence thereof, the order impugned in my opinion, are based on no materials.

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Though it was strenuously argued by Mr. Pandey that in absence of any response by the petitioner the allegations would be deemed to have been admitted but in my opinion even if the show cause reply was missing, the orders passed by the statutory authorities having civil consequences and resulting in cancellation should reflect application of mind. Unfortunately it is grossly missing inasmuch as neither the order of the Licensing Authority nor the order of the appellate authority deal with the materials which formed the basis to drive home the charges. The orders impugned are indefensible and cannot be upheld.”

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Further this Hon'ble Court in CWJC No. 21202 of

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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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Patna High Court CWJC No.9697 of 2024(3) dt.09-04-2025 6/7

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A perusal of the show-cause notice issued to the petitioner does not reveal that the copy of the enquiry report was enclosed along with the show-cause notice and that there is no proposal of the action sought to be taken against the petitioner.

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Having regard to the above facts and circumstances and the law laid down by this Hon'ble Court, the present CWJC is allowed. The impugned order dated 02.01.2024 passed by the Divisional Commissioner, Patna Division, order dated 05.12.2022 passed by the Collector Bhojpur, Ara and the order dated 20.03.2021 passed by the SubDivisional Officer, Piro, Bhojpur, Ara 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 also furnish a copy of the enquiry report along with the Show Cause Notice to the petitioner and call for his explanation by giving reasonable time.

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

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Patna High Court CWJC No.9697 of 2024(3) dt.09-04-2025 7/7

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explanation submitted by the petitioner.

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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 communicated to the petitioner.

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With the above directions, this Writ Petition stands allowed to the extent indicated above.

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(A. Abhishek Reddy, J)

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shakir/-

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U

Saraswati Devi v. The state of Bihar

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Saraswati Devi v. The state of Bihar

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