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IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13924 of 2025

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Kamleshwar Paswan S/o Late Ram Sharan Paswan Resident of Village-

Shahpur, Govindpur, Panchayat-Gorigama, P.S.-Mahnar, District-Vaishali.

... ... Petitioner/s

Versus

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

Department, Bihar, Patna.

2. The District Magistrate-Cum-Collector, Vaishali at Hajipur.

3. The Sub-Divisional Officer-Cum-Licensing Authority, Mahnar, District-

Vaishali.

4. The Block Supply Officer, Mahnar, District-Vaishali.

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adv.

Mr. Kumar Rajdeep, Adv.

For the Respondent/s : Mr. Standing Counsel (04)

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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY

ORAL ORDER

4 29-01-2026 Heard learned counsel for the parties.

2. The present writ petition has been filed for the

following relief(s):-

1. That the present writ application is

being filed on behalf of the petitioner for

issuance of appropriate writ/writs, order/orders,

direction/directions in the nature of certiorari

for quashing the order dated 13.08.2024

contained in Memo No. 292/Aa dated

13.08.2024 passed by the Learned Sub-

Divisional Officer Mahnar -cum-Licensing

authority, by which he was pleased to cancel the

PDS license of the petitioner being License No.

34/2016 on the basis of a notice where there is

no stipulation of proposal of cancellation of

Patna High Court CWJC No.13924 of 2025(4) dt.29-01-2026

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license in terms of Rule 27(2) of Bihar Targeted

PDS Control order 2016 and as such the order

impugned dated 13.08.2024 is fit to be set aside

by this Hon'ble court and further be pleased to

restore the license and supply of the petitioner.”

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

nonsupply 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 in view of the above

mentioned provisions of law and judgment relied by the

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

Patna High Court CWJC No.13924 of 2025(4) dt.29-01-2026

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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 foodgrains

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 fo