IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14851 of 2025 ======================================================

Hari Ballav Das S/o Late Sugdev Das, Resident of Village- Mahishi North, Ward No. 06, Panchayat- Mahishi, P.S.- Mahishi, District- Saharsa.

... ... Petitioner/s Versus

1. The State of Bihar through the Secretary, Food and Consumer Protection Department, Bihar, Patna.

2. The Collector-cum-District Magistrate, Saharsa.

3. The Sub-Divisional Officer Sadar-cum-Licensing Authority, Saharsa.

4. The Block Supply Officer, Mahishi, Dist. Saharsa.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. N.K. Agrawal, Adv.

Mr. Dhananjaya Nath Tiwari, Adv.

For the Respondent/s : Mr. Standing Counsel (16)

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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

2 12-01-2026 Heard the learned counsels for the parties.

2. This writ petition has been filed for seeking the following relief(s):-

“(i) For issuance of appropriate writ/writs, order/orders, direction/directions in the nature of certiorari for quashing the order contained in Memo No. 1784/Go. Saharsa dated 26.12.2022 passed by the Learned Sub-Division Officer Sadar Saharsa-cum-Licensing authority by which he has cancelled the PDS license of the petitioner being License No. 186/2016 (FPS Code No. 121400200891) on the basis of a notice where is no stipulation of proposed cancellation.

(ii) For issuance of appropriate writ/writs, order/orders, direction/directions in the nature of certiorari for quashing the order dated 21.4.2025 passed in Supply Appeal No. 01/2023 passed by the Learned Collector cum- District Magistrate, Saharsa dismissed the statutory appeal in the same manner as of the Licensing authority that too without considering the grounds raised on behalf of the petitioner.

(iii) For issuance of appropriate writ/writs, order/orders, direction/directions in the nature of mandamus commanding the respondents to restore the license of the petitioner being License No. 186/2016 (FPS Code No. 121400200891).”

3. Learned counsel appearing on behalf of the petitioner has stated that in the Show Cause Notice issued by the Sub-Divisional Officer there is no proposal for cancellation of the license. 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’).

4. Learned counsel for the petitioner has relied on the judgment of the full Bench 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.

5. Learned counsel has stated in view of the above mentioned provisions of law and judgment 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 thereafter take necessary action.

6. 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 exhausted all the remedies and all the authorities have found that the petitioner has violated the provisions of the Control Order, 2016. Learned counsel has therefore prayed this Hon’ble Court to dismiss the present writ petition.

7. This Hon’ble Court in CWJC No.21202 of 2021 and analogous cases has held as under:

“19. Accordingly, we answer the reference as under:-

It is mandatory for a licensing authority issuing a notice under order 27(ii) to a license to mention that there is a proposal for cancellation of his license, failing which such notice