IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20542 of 2025 ======================================================

Jagadeesh Paswan @ Jagdish Paswan S/o Madhur Paswan, Resident of Ward No. 11, Khabdah, P.O.-Kannali, P.S.-Narpatganj, District-Araria.

... ... Petitioner/s Versus

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

2. The Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

3. The District Magistrate, Araria.

4. The Sub Divisional Officer, Forbesganj, District-Araria.

5. The Block Supply Officer, Narpatganj, District-Araria.

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

Appearance :

For the Petitioner/s : Mr. Alok Ranjan, Advocate. For the Respondent/s : Ms. Anuradha Singh, SC 21.

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

2 27-01-2026 Heard learned counsel for the parties.

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

“(i) ..….for quashing the order dated 13.09.2022 issued and passed by the Sub-divisional Officer, Forbesganj, whereby and whereunder the learned Sub-Divisional Officer Forbesganj has cancelled the Fair Price Shop of the petitioner under Public Distribution System bearing License No. 74N/2016, without considering the sow-cause reply of the petitioner by a cryptic, unreasoned, unexplained order. (ii) Further for direction to the respondents to restore the license and supply to the Fair Price Shop of the petitioner under Public Distribution System bearing License No. 74N/2016.”

3. Learned counsel appearing on behalf of the petitioner submits that the petitioner is a PDS dealer belonging to the Scheduled Caste. That the authority has inspected the shop of the petitioner on 08.03.2022 and, thereafter, the SDO has issued the show-cause notice dated 29.04.2022 (Annexure P/1). As per the show-cause notice three allegations were made against the petitioner and the petitioner submitted his explanation on 26.05.2022 (Annexure P/2). Thereafter, the authority did not take any action for a period of almost three months and issued another show-cause notice dated 27.07.2022 (Annexure P/3) adding two more grounds to the earlier ones. The petitioner has given his reply to the 2^nd show-cause notice on 01.09.2022 (Anneuxre P/4), thereafter, the authority has passed the impugend order dated 13.09.2022. Learned counsel submits that the authority while passing the impugned order has added one more ground for cancelling the PDS dealership of the petitioner without giving him an opportunity of filing of his explanation to the newly added allegations. Further, learned counsel has submitted that the authority has not taken into consideration the letter dated 26.11.1994 issued by the Government of Bihar (Annexure P/7) where the Government of Bihar has taken a decision not to cancel the license of the PDS dealership belongs to the SC/ST Category. Learned counsel submits that the even on merits, the authority has not taken the replies filed by the petitioner into consideration and has simply stated that the explanation filed by the petitioner is not satisfactory. Learned counsel, therefore, prays this Hon’ble Court to set aside the impugned order dated 13.09.2022 and restore the PDS license of the petitioner.

4. Per contra, the learned counsel appearing on behalf of the Respondent-State has vehemently opposed the very maintainability of the present writ petition. Learned counsel has stated that the petitioner is having a statutory remedy of filing an appeal against the impugned order of cancellation before the District Magistrate and the petitioner may be directed to avail the same. Further, the learned counsel has stated that the authority duly taking into account the serious allegations made against the petitioner has taken a decision to cancel the PDS license of the petitioner and the sa