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IN THE HIGH COURT OF JUDICATURE AT PATNA
A.ABHISHEK REDDY
Leyaquat Ali Khan, son of Late Jamil Ahmad Khan – Appellant
Versus
State of Bihar, through The Principal Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna – Respondent
| Table of Content |
|---|
| 1. petition seeks to challenge pds license cancellation. (Para 2) |
| 2. cancellation based solely on fir is contested. (Para 3) |
| 3. merely filing an fir is insufficient for license cancellation. (Para 5) |
| 4. impugned orders are set aside. (Para 6) |
| 5. petitioner’s supplies to be restored, future actions allowed. (Para 7 , 8 , 9) |
ORDER :
A. Abhishek Reddy, J.
Heard learned counsel for the parties.
2. The present Writ Petition has been filled for the following reliefs:-
“a) A writ in the nature of Certiorari for setting aside the order dated 13.05.2024 and 16.05.2024 in PDS Case No 18/2024 passed by the Subdivisional Officer. Sherghati. Gaya.(herein after referred 10 as Respondent No4 herein) wherein he has cancelled the license of the petitioner bearing License No 73 of 2016.
b) That any other relief the Petitioner is entitled in the eyes of law.”
3. Learned counsel for the petitioner submits that the solitary ground given in the order dated 13.05.2024 for cancelling the PDS licence of the petitioner was that an First Information Report (F.I.R.) bearing Kothi P.S. Case No. 29 of 2024 had been instituted against the petitioner. Similarly, the impugned order has been passed on the sole
The mere institution of a First Information Report does not constitute a valid ground for the cancellation of a Public Distribution System license, stressing the need for due process.
Administrative decisions must be based on substantial evidence, and procedural fairness requires careful consideration of credible evidence before any actions are taken.
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