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IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14966 of 2025

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Umesh Kumar Ram S/o - Siya Sharan Ram, R/o Vill - Sirisiya, P.S. - Bela,

Dis-Sitamarhi ... Petitioner

Versus

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

Consumer Protection Department, Bihar, Patna.

2. The District Magistrate, Sitamarhi.

3. The Sub-Divisional Officer, Sitamarhi Sadar, Dis Sitamarhi.

4. The Block Supply Officer, Block - Parihar, Dis-Sitamarhi. ... Respondents

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Appearance :

For the Petitioner : Mr.Brij Bihari Tiwary, Adv.

For the Respondents : Mr.Standing Counsel (4)

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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY

ORAL ORDER

4 04-02-2026 Heard the parties.

2. The present writ petition has been filed for the

following relief(s) :

“A. To issue a writ in the nature of Certiorari, setting

aside the order contained in Memo No. 759 dated

25.08.2025 passed by the Respondent No. 3, the Sub-

Divisional Officer, Sitamarhi Sadar, Sitamarhi by

which PDS Dealership license of the petitioner

bearing License No. 12/2019 has been cancelled.

B. To issue a writ in the nature of Mandamus,

commanding and directing the Respondent Authority

to restore the PDS License of the petitioner bearing

License No. 12/2019 forthwith which is the only

source of livelihood of the petitioner.

C. Any other relief/reliefs which this Hon'ble Court

may deem fit and proper in the facts and

circumstances of this case and to meet the ends of

Patna High Court CWJC No.14966 of 2025(4) dt.04-02-2026

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justice.”

3. Learned counsel appearing on behalf of the

petitioner submits that the petitioner has been granted PDS

license in the year 2019 and the petitioner has been continuing

PDS shop without any complaint. Learned counsel submits that

the Respondent-Authorities have issued the show cause notice

on 23.07.2025 bearing Memo No. 579 wherein it is stated that

the license of the petitioner has expired in December, 2023, and

the petitioner has not renewed the same. Further, it is stated that

the petitioner ought to had filed his application for renewal

within one month of the expiry of the said license without fine

and within a period of eight months by paying late fees. That

the petitioner has not renewed his license the same and therefore

he was directed to file his show cause within a period of 24

hours. Learned counsel submits that the show cause notice

issued by the Respondent-Authority is a defective notice as

there is no proposal for cancellation of the license of the

petitioner in the said show cause notice and further a period of

only 24 hours has been given to the petitioner to file his

explanation. Counsel relied on the judgment of this Hon’ble

Court reported in 2021 (2) PLJR, 196 (Nathuni Mehtar Vrs.

the State of Bihar & Ors.) in support of his case.

Patna High Court CWJC No.14966 of 2025(4) dt.04-02-2026

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4. Counsel has submitted that the authority ought to

had given a reasonable time to the petitioner to file his

explanation. However, the authority without giving sufficient

time and without there being a proposal for cancellation of the

license in terms of Clause 27(ii) of the Bihar Targeted Public

Distribution System (Control) Order, 2016, has straightway

cancelled the license of the petitioner. Counsel for the

petitioner has further submitted that the petitioner is willing to

renew the license by paying late fees and an opportunity may be

granted to him.

5. Per contra, the learned counsel appearing on behalf

of the Respondent-State has vehemently opposed the very

maintainability of the present Writ Petition. Learned counsel

has stated that the petitioner was aware that his license is going

to expire in the month of December, 2023, but he has not

renewed the same. That as per the provisions of the Control

Order of the Bihar Targeted Public Distribution System

(Control) Order, 2016, more specifically Clause 13(ii