COURT OF JUDICATURE AT PATNA Civil Writ…
Impugned suspension and cancellation orders set aside; PDS licence restored and supplies to the petitioner directed to be restored without delay.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2212 of 2026
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Subash Singh @ Subhash Singh, Son of Late Ganga Singh @ Ganesh Singh Resident of Village- Tali Bishunpura, P.S.- Nautan, District- Siwan, Bihar.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Kumar Rajdeep, Advocate. For the Respondent/s : Mr. Government Pleader (11)
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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER
3 16-06-2026 Heard the learned counsel for the parties.
following reliefs:-
“That the present application is being filed on behalf of the petitioner for setting aside order dated 08.10.2025/17.10.2025 passed by the Learned Divisional Commissioner, Saran Division, Chapra and the order dated 06.08.2024 passed by the Learned Collectorcum-District Magistrate, Siwan and the order dated 17.08.2021 passed by the Learned S.D.O.-cum-Licensing Authority, Siwan whereby and whereunder exercising powers under Clause 28 of the Bihar Target
Patna High Court CWJC No.2212 of 2026(3) dt.16-06-2026 2/4
(Control) Order, the Public Distribution License of the Petitioner bearing License No. 27/2016 has been suspended vide order dated 23.09.2020 on the ground of institution of F.I.R. being Nautan P.S. Case no. 147/2020 under Section 7 of the E.C. Act and subsequently exercising power under Clause 28 of the Bihar Target (Control) Order vide order dated 17.08.2021 cancelled the PDS license of the petitioner which is totally on non-est and erroneous grounds completely in a mechanical manner without even supply of the enquiry report to the petitioner which is the complete violation of Principle of Natural Justice..”
the solitary ground given in the show cause notice dated 08.10.2020 vide Memo No.1173 for cancellation of the PDS licence of the petitioner was that a First Information Report (F.I.R.) bearing Nautan P.S. Case No. 147 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.
Patna High Court CWJC No.2212 of 2026(3) dt.16-06-2026 3/4
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 suspension 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.
Patna High Court CWJC No.2212 of 2026(3) dt.16-06-2026 4/4
petitioner has violated any other condition of the provisions of the Bihar Targeted Public Distribution System (Control) order strictly in accordance with law.
(A. Abhishek Reddy, J)
shakir/-
U
Colour shows how this judgement treated each authority
Umesh Ram vs. The State of Bihar and othersRelied on¶5
AIR 2014 Patna 113 · Who else cites this
4 provisions across 4 enactments
Subash Singh @ Subhash Singh
The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna
The Court of Divisional Commissioner, Saran Division, Chapra
The Collector-cum-District Magistrate, Siwan
The Sub Divisional Officer, Siwan Sadar
The Block Supply Officer, Nautan Block, Siwan
A. Abhishek Reddy
As recorded by the court registry
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