##PAGE1##

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18926 of 2025

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

Munni Devi, Wife of Bindu Sahu, resident of village and Post- Nehra, Post

Office Road, Near Model Public School, Lehara, P.S.- Manigachhi, Disrict-

Darbhanga, Pin Code- 847233.

... ... Petitioner/s

Versus

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

Protection Department, Bihar, Patna.

2. The Additional Secretary, Food and Consumer Protection Department,

Bihar, Patna.

3. The Collector, Darbhanga.

4. The District Supply Officer, Darbhanga.

5. The Licensing Authority cum Sub-Divisional Officer, Sadar, Darbhanga.

6. The Block Supply Officer, Manigachhi, Darbhanga.

... ... Respondent/s

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

Appearance :

For the Petitioner/s : Mr.Kaushalesh Choudhary, Adv.

For the Respondent/s : Mr.Addl. Advocate General 04

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

CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY

ORAL ORDER

2 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 appropriate

writ(s)/Rule(s)/Direction(s) in the nature of

mandamus, commanding the concerned

respondents, for quashing the Order dated

09.09.2025, passed by the Licensing Officer-

cum-Sub Divisional Officer, Sadar, Darbhanga,

issued vide Memo No.717 dated 11.09.2025, by

which the Petitioner's P.D.S. License No.

49/2016, issued for Gram Panchayat Raj, Nehra

Patna High Court CWJC No.18926 of 2025(2) dt.28-01-2026

2/5

East, Manigachhi, Darbhanga has been

cancelled only on the basis of recommendation

of the Block Supply Officer, Manigachhi vide his

inquiry report submitted by letter no.122 dated

04.09.2025, without serving the aforesaid

inquiry report to the petitioner and even without

considering the petitioner's reply dated

11.09.2025.

ii. For restoration of Petitioner's License

No.49/2016 with all facilities, available to the

PDS dealer.

Iii. For grant of all other relief/reliefs to which

the petitioner may found entitled, on the facts

and circumstances of the case.”

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

and against the principle of natural justice and equity.

5. Learned counsel has stated that in view of the

above mentioned provisions of law and judgment relied by the

Patna High Court CWJC No.18926 of 2025(2) dt.28-01-2026

3/5

petitioner, the impugned order may be set aside and 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

cons