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IN THE HIGH COURT OF JUDICATURE AT PATNA
A.ABHISHEK REDDY
Shama Devi, Wife of Late Ram Kishore Saw – Appellant
Versus
State of Bihar, through The Principal Secretary, Department of Food and Consumer Protection – Respondent
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 no
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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