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IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10615 of 2025

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Rajendra Prasad Gupta, Son of Shivlal Prasad, Resident of Chandrika Studio

Gali No.4, Indrapuri Sipara, Patna, P.S.- Beur, District- Patna.

... ... Petitioner/s

Versus

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

Protection Department, Old Secretariat, Patna.

2. The District Magistrate, District- Patna.

3. The Additional District Magistrate (Supply), District- Patna.

4. The Special Officer Rationing, Patna Rationing, District- Patna.

5. The Sub-Divisional Officer, Patna Sadar, District- Patna.

6. The Assistant District Supply Officer, Patna Sadar, District- Patna.

7. The Supply Inspector, Ward No. 21, Patna Rationing, District- Patna.

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr.Kumar Gaurav, Adv.

For the Respondent/s : Mr.Government Advocate (3)

Mr. Shiv Kumar, AC to GA 3

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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY

ORAL ORDER

5 31-01-2026 I.A. No. 01 of 2026

Interlocutory application is allowed.

2. Registry is directed to make the necessary

amendment in the prayer portion of the present writ petition.

3. Heard the learned counsel for the parties.

4. The present writ petition has been filed for the

following relief(s):-

“A. A Certiorari for quashing and setting

aside the order passed by the Sub Divisional

Officer Patna sadar vide Memo No.1093

dated 08.12.2022 whereby and where under

Patna High Court CWJC No.10615 of 2025(5) dt.31-01-2026

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license of the petitioner P.D.S shop bearing

License No. 190/2016 has early been

suspended with immediate effect only on the

ground that a F.I.R. has been lodged against

the petitioner contained therein Annexure (-

P) / 3 (Series) and subsequent to that license

and agreement of the petitioner has been

cancelled contained therein Annexure (- P) /

1 (Series) wholly without jurisdiction & on

the contrary to the implicit provision thereto.

B. A Mandamus commanding the

Respondent licensing authority cum Sub

Divisional Officer Patna Sadar to comply

the order passed by the District Magistrate,

Patna Vide order Dated 21.09.2024 in

relation to P.D.S.Appeal Case No. 05/2023-

2024 contained therein Annexure -P/1

(Series) & restore the license of the

petitioner's P.D.S shop bearing License No.

190/2016 as well as consumers of the

petitioner shop as like as before & to resume

the supply of food grains by allotting the

monthly allotment of food grains as same as

before

C. A mandamus commanding the

Respondents Authority the Principle

Secretary, Food & Consumer Protection

Department Bihar & the District Magistrate,

Patna to take an appropriate legal action

against the current A.D.S.O, Patna Sadar

Patna High Court CWJC No.10615 of 2025(5) dt.31-01-2026

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who has deliberately & willfully disobey, not

complied & tried to dilute & divert the

matter only for the sake of personal interest

& needlessly mental & physical trouble to

the petitioner in relation to Appeal Case No.

05/2023-2024, passed by the District

Magistrate, Patna vide order dated

21.09.2024 challenged against the

cancellation of the P.D.S. license of the

petitioner vide Memo No. 1093 dated

08.12.2022 which is settled by the law &

also signifies by the several judgments with

respects to the aforesaid matter.

D. Any other relief or reliefs for which

petitioner may be found entitled in the fact

and circumstances of the present case may

be granted to him.”

5. The following para has been added by allowing

I.A. No. 01 of 2026 vide order dated 31.01.2026.

E. For quashing & setting aside the

impugned order passed by the Sub-

Divisional Officer, Patna Sadar containing

Memo No. 193 (Annexure R/1) dated

16.05.2025 wherein the license of the

petitioner has been cancelled on the

contrary of the implicit provisions contained

thereto without considering the facts, merit

& law laid down upon it without application

Patn