IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16895 of 2025 ======================================================

Marachhu Bhuiyan @ Mrachhu Bhuiya, Son of Shri Bhawan Bhuiya, Resident of Panchayat Belwa, Police Station Daudnagar, Block Daudnagar, District Aurangabad, Bihar.

... ... Petitioner/s Versus

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

2. The District Magistrate, Aurangabad.

3. The District Supply Officer, Aurangabad.

4. The Sub-Divisional Officer, Daudnagar, Aurangabad.

5. The Block Supply Officer, Daudnagar, Aurangabad.

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

Appearance :

For the Petitioner/s : Mr. Kumar Ravish, Advocate. For the Respondent/s : Mr. Birju Prasad, GP 13 with Ms. Shweta Anand, AC to GP 13.

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

2 21-01-2026 Heard learned counsel for the parties.

2. The present Writ Petition has been filed for the following reliefs:-

“(i) To quash and set aside the PDS license cancellation order dated 20.04.2024 (Annexure P/4) passed in Fair Price Shop Case No. 01/Daudnagar/2023 whereby and wherunder the petitioner’s PDS License No. 01/D/2008 has been cancelled by the licensing authority Respondent No. 4, Sub Divisional Officer, Aurangabad contrary to the mandate of law.

(ii) For issuance of a writ/order/command directing the Respondents to restore the petitioner’s PDS Licence No. 01/D/2008 with all consequential rights, benefits and privileges.”

3. Learned counsel appearing on behalf of the petitioner has stated that the Sub-Divisional Officer while issuing the show cause notice to the petitioner has not enclosed the enquiry report.

4. Further learned counsel has relied on the judgment of this Hon'ble Court in CWJC No. 253 of 2014 dated 11.03.2015 wherein this Hon'ble Court has held that the non- supply of the enquiry report along with the show-cause is bad in law and against the principle of natural justice and equity.

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 the matter remanded back to the authorities concerned for furnishing a copy of the enquiry report and any other material that they seek to rely on and give an opportunity of filing his explanation 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 an alternative and efficacious remedy of filing an appeal before the District Magistrate, Learned counsel has therefore prayed this Hon'ble Court to dismiss the present writ petition.

7. This Court in CWJC No. 253 of 2014 dated

11.03.2015 held as under:

"In my opinion, irregularities in maintenance of notice board or maintenance of the stocks within the premises of the petitioner are too trivial and cannot form a basis for cancellation of licence. No doubt there were other serious charges against the petitioner regarding non-issuance of cash-memo to the consumers, distribution of lesser amount of kerosene oil and non-distribution of food-grains but surprisingly even while making such allegations, the names of such consumers who are dissatisfied by such action of the petitioner are conspicuously missing. The allegations are sweeping in nature without reference to any specific consumer.

In my opinion the non-supply of the enquiry report conducted by the District Level Committee which is the foundation for issuance of show cause notice placed at Annexure-1 as well as non-supply of names of such of the consumers who had complained against the petitioner as regarding the irregularities in distribution of the food-grains or the kerosene oil has prejudiced the petitioner to