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IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7256 of 2025

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Braj Kishore Singh Son of Late Nagendra Singh, Resident of Village -

Madhaul, P.S. - Maniyari, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

Protection Department, Government of Bihar, Patna.

2. The Sub Divisional Officer, (West), District- Muzaffarpur.

3. The Block Supply Officer, Kudhani, District- Muzaffarpur.

... ... Respondent/s

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Appearance :

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

Mr.Kumar Rajdeep, Adv.

Mr. Roop Kishan, Adv.

For the Respondent/s : Mr.Government Pleader (7)

Ms. Roona, AC to GP 7

Mr. Sanjay Kr., AC to GP 7

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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY

ORAL ORDER

3 31-01-2026 Heard the parties.

2. The present writ petition is filed for the following

relief(s):-

“a. For issuance of a writ in the nature of

Certiorari for quashing the Order dated

30.01.2025 vide letter no 154 passed by the

Sub-Divisional Officer, West, Muzaffarpur

on remand from the order of this Hon'ble

court in CWJC Case No. 14231 of 2024

dated 26.11.2024, now by order dated

30/01/2025 the Learned S.D.O. West,

Muzaffarpur has again cancelled the

petitioner's license keeping the previous

order of cancellation dated 16.12.2017 as

it is which is in violation of the principles

of Natural Justice, in as much as the

Impugned Orders have been passed

Patna High Court CWJC No.7256 of 2025(3) dt.31-01-2026

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without considering the facts and

circumstances of the case.

b. A mandamus commanding the

Respondents to restore the petitioner's

license as before and to make allotment for

the petitioner's shop.

c. For issuance of any other relief or

relief(s) for which the petitioner is entitled

in the fact and circumstances of the present

case may be granted to him.”

3. Learned counsel appearing on behalf of the

petitioner submits that the petitioner was earlier appointed as

PDS dealer in the year 2016 and has been functioning without

any complaint. That the Block Supply Officer had inspected the

shop of the petitioner on 22.07.2017 and submitted his report.

Thereafter the authority, i.e., the Respondent No. 2 herein has

issued a show cause notice to the petitioner and the order of

cancellation was passed by the authority on 16.12.2017. Though

the petitioner has preferred an appeal before the District

Magistrate as well as the revision before the Divisional

Commissioner the same has met without any success and both

the authorities while dismissing the appeal and Revision have

confirmed the order of cancellation. Thereafter the petitioner has

approached this Hon’ble Court by way of CWJC No. 14231 of

2024 and this Hon’ble Court vide order dated 26.11.2024 has set

aside all the three orders passed against the petitioner, i.e., order

Patna High Court CWJC No.7256 of 2025(3) dt.31-01-2026

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dated 09.05.2024 passed by the Revisional Authority, order

dated 10.07.2023 passed by the Appellate Authority and also the

order dated 16.10.2017 passed by the Sub-Divisional Officer

and remanded the matter back to the Sub-Divisional Officer for

passing orders afresh after issuing the petitioner a fresh show

cause notice strictly in terms of the provisions of Rule 27(ii) of

the Control Order, 2016. That the Sub-Divisional Officer after

remand back by this Hon’ble Court has issued a fresh show

cause notice to the petitioner on 17.12.2024 (Annexure P/2) and

has passed the impugned order dated 31.01.2025 (Annexure

P/4). Learned counsel has drawn the attention of this Court to

the impugned order dated 31.01.2025, whereby the Sub-

Divisional Officer while rejecting the explanation filed by the

petitioner has held that the earlier order passed by him, dated

16.12.2017 holds good. Learned counsel submits that order of

the Respondent No. 2 in reiterating the earlier order which has

already been set as