ORDER :

A. ABHISHEK REDDY, J.

Heard the parties.

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

(i) A writ in the nature of Certiorari for setting aside the order dated 23.01.2025(Annexure P4) in PDS Case No 46/2024 passed by the Subdivisional Officer, Sherghati, Gaya.(herein after referred to as Respondent No4 herein) wherein he has cancelled the license of the petitioner bearing License No 41 of 2016.

(ii) 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 show cause notice dated 16.08.2024. vide Memo No. 403 for cancelling the PDS licence of the petitioner was that a First Information Report (F.I.R.) bearing Suhail P.S. Case No. 25 of 2024 had been instituted against the petitioner. Similarly, the impugned order has been passed on the sole ground of institution of the aforesaid FIR against the petitioner.

4. Learned counsel for the respondents appears and has been heard.

5. Having heard the parties and on consideration of the materials on record, this Court finds merit in the writ petition. A perusal of the PDS. (Control) Order, 2001 read with Rule 7 of the notification in G.S.R. No. 1 dated 20.02.2007 makes it clear that mere institution of a First Information Report would not constitute a valid ground for cancellation of the PDS licence. This view finds support from the decision of this Court in Umesh Ram vs. The State of Bihar and others, AIR 2014 Patna 113 as well.

6. In view of the above, the impugned order dated 23.01.2025 (Annexure-P4) is hereby quashed and set aside.

7. Needless to say, supplies to the petitioner shall be restored without delay.

8. It is made clear that, in case, the petitioner is subsequently convicted in the criminal case instituted against him, thereafter, the authorities are free to take necessary action in accordance with law.

9. With the above directions, the Writ Petition stands allowed to the extent indicated.