IN THE HIGH COURT OF JUDICATURE AT PATNA
A. ABHISHEK REDDY, J.
CWJC No.7415 of 2024
(19.2.2025)
Angeshwar Prasad Chaudhary ... Petitioner
vs.
State of Bihar & Ors. ... Respondents
Bihar Targeted PDS (Control Order), 2016 – Rule 17 – Cancellation of PDS licence – Unauthorised shifting of shop – Licence cancelled solely on the ground that petitioner has not intimated SDO about shifting of shop from one place to another – License of petitioner cannot be cancelled on mere technicalities more so when there is no complaint from any of beneficiaries that they have been put to hardship due to shifting of place – Show cause notice issued to petitioner does not reveal that any of beneficiaries had made any complaint to authority about shifting of shop – It cannot not be said that petitioner is either trying to suppress material fact or that he is violating provisions of Control order – Impugned orders set aside and licence of petitioner directed to be restored – Writ Petition allowed. (Paras 5 to 7)
A. Abhishek Reddy, J.—Heard the learned counsel for the parties.
2. This writ petition has been filed for the following relief(s):—
“(i) for issuance of appropriate writ/writs, order/orders, direction in the nature of certiorari quashing the order dated 06.02.2024 passed by the Learned Secretary, Food and consumer Protection Department Patna by which the representation filed before the Secretary, Food and Consumer Protection Department was dismissed and confirmed the order of the licensing authority as well as appellate authority and revisional authority by which the PDS license of the petitioner being License No. 28/2016 has been cancelled.
(ii) Further for quashing the revisional order dated 25.07.2023 passed in B.T. P.D.S. Control Revision No. 89/2023 by the learned Commissioner, Patna Division, Patna by which he was pleased to dismissed the statutory revision filed on behalf of the petitioner and affirmed the order dated 04.01.2023 passed by the learned Collector, Patna.
(iii) Further for quashing the order dated 04.01.2023 passed in E.C. Appeal Case No. 06/2022-23 passed by the Learned Collector Patna by which the statutory appeal filed on behalf of the petitioner was dismissed and order of licensing authority cancelling PDS license dated 16.06.2021 was affirmed.
(iv) For quashing the order contained in Memo No. 525/Aa. Dated 16.06.2021 passed by the sub Divisional Officer, Danapur-cum-Licensing Authority by which he was pleased to cancel the PDS license of the petitioner being License No. 28/2016.”
(v) Further for issuance appropriate writ/order/direction for which the petitioner is found to be entitled in the facts and circumstances of the case and/or the license of the petitioner be restored.”
3. Brief facts necessary for the purpose of disposal of the present case are that the petitioner was granted PDS license in the year 2016 in Karanja Panchayat, Block-Naubatpur, Patna. That the petitioner’s PDS shop was inspected on 21.05.2021 by the Sub Divisional Officer, Danapur and basing on the Inspection Report, a show cause notice was issued to the petitioner vide Memo No. 502 dated 25.05.2021 alleging that the petitioner has shifted his PDS shop from Sarari to Goai Karanja without prior permission from the licensing authority. That after receipt of the show cause notice, the petitioner has given his reply/explanation to the licensing authority on 07.06.2021 explaining in detail that the petitioner had given an application/ representation to the Block Supply Officer informing about the shifting of the shop from Sarari to Goai Karanja. It is stated that the petitioner had to vacate the PDS Shop at Sarari as the landlord asked him to vacate the premises. Having no other option, the petitioner had to vacate the shop existing at Sarari and had to shift to a new place at Goai Karanja. The factum of shifting was intimated to the authority concerned on 21.12.2018. Learned counsel for the petitioner has stated that though the petitioner has given a suitable explanation to the show cause notice issued by the SDO concerned, the SDO without considering the said explanation has cancelled the license of the petitioner. Thereafter, the petitioner has preferred an appeal, as well as revision against the said order of cancellation however both the appellate as well as the revisional authority have passed the order dismissing the appeal and revision filed by the petitioner in a mechanical manner. Even though the petitioner has preferred a representation to the Principal Secretary in terms of Rule 32 (vii) of the Bihar Targeted PDS (Control Order), 2016, the same was also rejected by the Principal Secretary. Learned counsel has stated that the petitioner left with no other option had to approach this Court for redressal of his grievance. Learned counsel for the petitioner has stated that for the reasons beyond the control of the petitioner, the petitioner had to shift the place of business from Sarari to Goai Karanja and he had intimated about the
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