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IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7282 of 2025

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Rajendra Mehta S/o Late Chhedi Mehta Resident of Village-Majhari, Ward

No 08, P. S.- Nirmali, District-Supaul.

... ... Petitioner/s

Versus

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

Department, Bihar, Patna.

2. The Collector, Supaul.

3. The Sub-Divisional Officer-Cum-Licensing Authority, Nirmali, Supaul.

4. The Block Supply Officer, Nirmali, Supaul.

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari, Adv.

For the Respondent/s : Mr. Additional Advocate General (12)

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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY

ORAL ORDER

5 29-01-2026 Heard the learned counsel for the parties.

The present writ petition has been filed for the

following relief(s):-

“(i) For issuance of appropriate

writ/writs, order/orders, direction/directions

in the nature of certiorari for quashing the

order dated 17.9.2024 contained in Memo

No. 1316-2 dated 18.09.2024 passed by the

Learned Sub-Division Officer-cum-Licensing

authority Nirmali by which he has cancelled

the license of the petitioner being License

No. 35/2016 on the basis of a institution of

FIR and further on the basis of notice where

is no stipulation of proposed cancellation.

(ii) 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.

35/2016.

(iii) For other relief/ reliefs for

Patna High Court CWJC No.7282 of 2025(5) dt.29-01-2026

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which the petitioner is entitled in the eye of

law. ”

3. Learned counsel for the petitioner submits that the

solitary ground given in the show cause notices dated

08.09.2021 vide Memo No. 1231-2 & 06.10.2021 vide Memo

No. 1341-2 for cancelling the PDS licence of the petitioner was

that an First Information Report (F.I.R.) bearing Nirmali P.S.

Case No. 132/2021 had been instituted against the petitioner.

Similarly, the impugned order has been passed on 17.09.2024

vide Memo No. 1316-2 dated 18.09.2024 on the sole ground of

institution of the aforesaid FIR against the petitioner.

4. Learned counsel for the respondents appears and

has been heard.

5. Having heard the parties and on consideration of

the materials on record, this Court finds merit in the writ

petition. A perusal of the PDS. (Control) Order, 2001 read with

Rule 7 of the notification in G.S.R. No. 1 dated 20.02.2007

makes it clear that mere institution of a First Information Report

would not constitute a valid ground for cancellation of the PDS

licence. This view finds support from the decision of this Court

in Umesh Ram vs. The State of Bihar and others, AIR 2014

Patna 113 as well.

6. In view of the above, the impugned order dated

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17.09.2024/ 18.09.2024 is set aside.

7. Needless to say, supplies to the petitioner shall be

restored without delay.

8. It is made clear that, in case, the petitioner is

subsequently convicted in the criminal case instituted against

him, thereafter, the authorities are free to take necessary action

in accordance with law.

9. With the above directions, the Writ Petition stands

allowed to the extent indicated.

(A. Abhishek Reddy, J)

Ayush/-

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