ORDER

Heard learned counsel for the parties.

2. The present writ petition has been filed for the following relief(s):—

“To issue Writ of Certiorari or any other appropriate Writ order to set aside the order dated 12.06.2023 contained in Memo No. 3694 dated 19.06.2023 (Annexure-8) whereby Respondent No. 2 has rejected the PDS Appeal No. 62/2019 filed by the Petitioner assailing the order contained in Memo No. 610 dt. 28.08.2019 (Annexure-6) whereby Respondent No. 4 has cancelled the PDS fair price Shop License No. 96/2016 issued to the Petitioner.

(ii) To issue Writ of Certiorari or any other appropriate Writ order to set aside the order contained in Memo No. 610 dated 28.08.2019 (Annexure-6) whereby Respondent No. 4 has cancelled the PDS fair price Shop License No. 96/2016 issued to the Petitioner.

(iii) To issue Writ of Certiorari or any other appropriate Writ order to set aside the illegal, perverse & cryptic show cause notice dated 12.07.2019 (Annexure-1) issued to the Petitioner by the Respondent No. 4 as the same is not in accordance with Rule 27 (ii) of the Bihar Targeted P.D.S. (Control) Order, 2016 (Hereinafter, referred as, "the Control Order").

(iv) To issue Writ of Certiorari or any other appropriate Writ order to set aside the illegal, perverse & cryptic second & third show cause notice dated 24.07.19 & 13.08.2019 (Annexure- 3 & 5) issued to the Petitioner by the Respondent No. 4.

(v) To issue consequential Writ of Mandamus or any other appropriate Writ order direction directing the Respondents particularly Respondent No. 3 to 5 to immediately restore the aforesaid PDS fair price Shop license with supplies, issued to the Petitioner.”

3. 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.

4. 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’)

5. Further learned counsel has relied on the judgment 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.

6. 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.

7. 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.

8. 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.

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

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

"In my opinion, irregularities in maintenance of notice board or maintenance of the stocks within the