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2023 Supreme(Pat) 1047

CHAKRADHARI SHARAN SINGH, MADHURESH PRASAD, NAWNEET KUMAR PANDEY
Ghuran Paswan – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioners: M/s Sunil Kumar Karn, Rajesh Kumar (in 21202); Dhananjaya Nath Tiwari(in 214); Manoj Kumar Pandey, Ankita Kumari (in 1265); Awadhesh Kumar(in 1708, 1852, 1898); Sudhir Kumar Singh (in 3806).
For the State : M/s P.K. Shahi, AG, Arvind Ujjwal (SC4), U.P. Singh AC to SC-4 (in 21202)
For the Respondents: M/s S. Raza Ahmad (AAG 5) (in 214, 3806)., Vishwambhar Prasad, AC to AAG-5 (in 214); P.K. Shahi AG (in 1265); Arvind Ujjwal (SC-4) (in 1708, 1852, 1898)

Chakradhari Sharan Singh, J.—The Bihar Targeted Public Distribution System (Control) Order, 2016 (hereinafter referred to as the ‘BTPDS Control Order, 2016’) has been issued by the State Government in exercise of power conferred under Clause-3 of the Essential Commodities Act, 1955, and with reference to the various provisions under the Targeted Public Distribution System Control Order, 2015 (TPDS Control Order, 2015), issued by the Government of India. There is no gainsaying that the BTPDS Control Order, 2016 is statutory in character, which regulates ration cards, licensing and regulation of fair price shops, operation of fair price shops, monitoring, transparency and accountability, penalty, powers of search and seizure, and appeal, other related matters.

2. Clause 25 of the said BTPDS Control Order, 2016 specifies the circumstances in which an action is to be taken in the light of an order passed by the Supreme Court. For the benefit of quick reference, Clause-25 of the said BTPDS Control Order, 2016 is being reproduced hereinbelow:—

“25. Action against a licensee.—(i) Given the order passed by the Hon'ble Supreme Court in Civil Writ 196/01, action shall be taken against the lice

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