##PAGE1##

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13766 of 2025

======================================================

Naween Kumar Tiwari S/o Late Wakil Tiwari, R/o Village- Khanpur, P.S. and

Block- Manjhi, District- Saran.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Food and Consumer

Protection Department, Govt. of Bihar, Patna.

2. The Principal Secretary, Food and Consumer Protection Department, Govt.

of Bihar, Patna.

3. The Divisional Commissioner, Saran at Chapra.

4. The Collector, Saran at Chapra.

5. The Licensing Officer-cum-Sub Divisional Officer, Sadar Chapra, District-

Saran.

6. The Block Supply Officer, Maker, District- Saran.

7. The Block Supply Officer, Nagara, District- Saran.

8. The Block Supply Inspector, Nagara, District- Saran.

9. The Block Supply Inspector, Maker, District- Saran.

... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar Pandey, Adv.

For the Respondent/s : Mr. Standing Counsel (9)

======================================================

CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY

ORAL ORDER

3 28-01-2026 Heard learned counsel for the parties.

2. The present writ petition has been filed for the

following relief(s):-

“(i) For issuance of writ/writs,

order/orders or direction/directions in the

nature of certiorari for setting aside the order

dated 04.02.2025 passed in Supply Appeal Case

No.05/2024 by learned Collector, Saran,

Chapra whereby and where under appeal

preferred by the petitioner against the order as

Patna High Court CWJC No.13766 of 2025(3) dt.28-01-2026

2/7

contained in Memo No.3237 dated 01.11.2023

passed by the Licensing Officer-cum-Sub

Divisional Officer, Sadar Chapra has been

rejected without proper consideration of points

raised in memo of appeal as well as submissions

made on behalf of the petitioner.

(ii) For issuance of writ/writs,

order/orders оr direction/directions in the

nature of certiorari for setting aside order as

contained in Memo No.3237 dated 01.11.2023

passed by Licensing Officer-cum- Sub

Divisional Officer, Sadar, Chapra whereby and

where under PDS license no.77/2021 of the

petitioner has been cancelled with immediate

effect without appreciating the facts and

circumstances of the case.

(iii) For issuance of writ/writs,

order/orders direction/directions in the nature of

mandamus directing the respondent authorities

to restore the PDS license of the petitioner with

immediate effect so that the petitioner may start

distribution of ration to the consumers.”

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 and there is no proposal for cancellation of

the license in the show-cause notice.

4. Learned counsel has stated that non-mentioning of

Patna High Court CWJC No.13766 of 2025(3) dt.28-01-2026

3/7

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’)

5. 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

nonsupply of the enquiry report along with the show-cause is

bad and against the principle of natural justice and equity.

6. Learned counsel has further stated that petitioner

has taken the above ground in the appeal, but the appellate

authority has not dealt with the above ground and dismissed the

appeal in a mechanical manner.

7. Learned counsel for the petitioner has also relied on

the judgment of the Full Court 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.

8. Learned counsel has stated in view of the above

ment