JUDGMENT :

1. The present writ petition has been filed for quashing the order dated 20.03.2020 passed by the Sub-Divisional Officer, Sadar, Saran at Chapra whereby and where under the application for restoration of the P.D.S. license of the petitioner bearing PDS License No. 6/08 has been rejected.

2. The brief facts of the case are that the petitioner was granted a Public Distribution System shop license bearing License No. 6/08 situated at Village Phuchiti Kala, Block Ekma, District Saran, whereafter the petitioner had successfully run the shop without any complaint from any corner. On 07.06.2016, an inspection was conducted by the Block Supply Officer, Ekma and the shop of the petitioner was found closed as also she was found absent apart from the consumers having made complaints regarding illegalities/ irregularities in supply of food grains, kerosene oil etc. The Block Supply Officer, Ekma had also found other irregularities as far as the P.D.S. shop of the petitioner is concerned. The Sub-Divisional Officer, Sadar, Chapra had then issued a show cause notice to the petitioner dated 15.06.2016, to which the petitioner had furnished her reply, however, the Sub-Divisional Officer, Sadar, Chapra had cancelled the P.D.S. shop license of the petitioner vide order dated 19.09.2016. The petitioner had then filed an appeal bearing Supply Appeal No. 33 of 2016 before the District Magistrate, Saran at Chapra, however, the same was also dismissed by an order dated 08.06.2017. Being aggrieved by the aforesaid order dated 08.06.2017, the petitioner had then filed a revision petition bearing Civil Revision No. 127 of 2017, before the Commissioner, Saran Division at Chapra and the learned Commissioner, Saran Division, Chapra, by an order dated 30.10.2019 had found that the subordinate authorities had not considered the factual matrix of the case appropriately as also had come to a conclusion that the cancellation order passed by the Sub-Divisional Officer, Chapra Sadar as also the order passed by the District Magistrate, Saran at Chapra are arbitrary and illogical, hence had set aside the order dated 19.09.2016 passed by the Sub-Divisional Officer, Sadar, Chapra and the order dated 08.6.2017, passed by the District Magistrate, Saran at Chapra.

3. The petitioner had then filed an application before the Sub-Divisional Officer, Sadar, Chapra (Respondent No. 4) for restoration of her P.D.S. license bearing License No. 6/08, in light of the aforesaid order dated 30.10.2019 passed by the learned Commissioner, Saran Division, Chapra, however, the Respondent No. 4 had issued a show cause notice dated 27.02.2020 pertaining to the irregularities found during the course of the earlier inspection dated 07.06.2016 and had then by the impugned order dated 20.03.2020 rejected the application of the petitioner for restoration of her P.D.S. license.

4. The learned counsel for the petitioner, Shri Krishna Kant Singh, has submitted that the learned Commissioner, Saran Division, Chapra by an order dated 30.10.2019 has not only set aside the order dated 19.09.2016 passed by the Sub-Divisional Officer, Sadar, Chapra but has also set aside the order dated 08.06.2017 passed by the District Magistrate, Saran, on merits of the case and not on technicalities and has not remanded the matter back to the subordinate authorities for proceeding afresh, hence it was incumbent upon the Sub-Divisional Officer, Sadar, Chapra to have restored the P.D.S. license of the petitioner, but the prayer of the petitioner for restoration of her P.D.S. Shop license has been rejected by the Sub-Divisional Officer, Sadar, Chapra vide an order dated 20.03.2020, which is contrary to the well settled principles of law.

5. This Court had requested Shri Anand Kumar Ojha, Advocate to assist this Court on the legal aspect of the matter, as aforesaid and in response thereof, he has made elaborate submissions on 01.10.2021. The learned counsel Shri Anand Kumar Ojha, advocate (herein after referred to