##PAGE1##

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13885 of 2025

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

Anuj Kumar Verma Son of Bhrigunath Prasad, Resident of Ward No.- 7,

Balua, District- West Champaran.

... ... Petitioner/s

Versus

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

Consumer Protection, Government of Bihar, Patna.

2. The District Magistrate, West Champaran.

3. The District Supply Officer, West Champaran.

4. The Sub-Divisional Officer- Cum- Licensing Officer, Narkatiaganj, West

Champaran.

5. The Block Supply Officer, Gaunaha.

... ... Respondent/s

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

Appearance :

For the Petitioner/s : Mr. Abhishek Raj, Adv.

For the Respondent/s : Mr. Government Advocate (5)

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

CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY

ORAL ORDER

3 03-02-2026 Heard the learned counsel for the parties.

The present writ petition has been filed for the

following relief(s):-

“i. For issuance of writ in the nature of

mandamus for quashing the Memo No. 406 dated

05.07.2025 issued by Sub Divisional Officer cum Licensing

Authority, Narkatiaganj whereby and where under the

licensing authority has restored its earlier order of

cancellation of PDS license of the petitioner issued vide

Memo No. 124 dated 24.04.2024 in complete disregard to

the order dated 07.01.2025 passed by the Appellate

Authority in CRM Case No. 385/24-25.

ii. For issuance of direction to forthwith restore

the PDS license in view of the observation of the Appellate

Authority contained in Memo No. 53 dated 08.01.2025

having allowed the appeal and remanded the matter to the

Licensing Authority to pass order taking into account the

FIR already lodged and the judgment in C.W.J.C. Nos.

15854 of 2023, 6815 of 2016 and other cases.

Patna High Court CWJC No.13885 of 2025(3) dt.03-02-2026

2/6

iii. Issuance of declaration that entire

proceeding of the past including the order of cancellation

under Memo No. 124 dated 24.04.2024 stood wiped out for

two reasons namely order of the Appellate Authority having

allowed the Appeal and the operation of Section 28 r/w 29

of the Control Order, 2016 having come into play creating

specific jurisdiction of the Authorities coupled with specific

rights of the PDS dealer.

iv. For issuance of further declaration that once

the Appeal is allowed, the original order stood extinguished

hence restoration of the same order was yet another

illegality apart from violating the scheme of the Control

Order, 2016.

v. For issuance of declaration that cancellation

of PDS license despite FIR without recourse to Section- 28

amounts to usurping the jurisdiction of judicial forum hence

the order impugned is without jurisdiction

vi. For any other relief/reliefs for which the

petitioner is found entitled to in the facts and circumstances

of this case.”

3. Learned counsel appearing on behalf of the

petitioner submits that the petitioner has been appointed as a

PDS dealer in the year 2016 and has been functioning the same

without any complaint. That the Block Supply Officer has

inspected the shop of the petitioner on 23.08.2023 and

submitted his enquiry report to the Sub-Divisional Officer-cum-

Licensing Authority. Thereafter, based on the said enquiry

report, the respondent No. 4 herein has issued the show cause

notice to the petitioner vide Memo No. 444 dated 25.08.2023.

The petitioner has submitted his explanation to the said show

cause notice on 09.09.2023 and the respondent No. 4 without

considering the explanation submitted by the petitioner has

Patna High Court CWJC No.13885 of 2025(3) dt.03-02-2026

3/6

cancelled the PDS license issued in favor of the petitioner vide

order dated 24.04.2024. That aggrieved by the order of

cancellation, the petitioner has preferred a statutory appeal

before the District Magistrate which was numbered as CRM

Case No. 385 of 2024-25. That the District Magistrate vide

order dated 07.01.2025 has allowed the appeal filed by the

petition