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IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19608 of 2025

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Pintoo Kumar @ Pintu Kumar Son of Late Janardan Kishor Resident of 39,

Mandir, West Keshari Nagar, P.O.- Phulwari, P.S.- Phulwari, District- Patna,

Bihar- 800024 ... Petitioner

Versus

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

Protection, Government of Bihar, New Secretariat, Patna.

2. The Principal Secretary, Food and Consumer Protection, Government of

Bihar, Patna.

3. The Divisional Commissioner, Patna, Bihar.

4. The District Magistrate, Patna, Bihar.

5. Sub Divisional Officer- cum- Licensing Authority, Patna Sadar, Bihar.

6. The Supply Inspector, Patna. ... Respondents

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Appearance :

For the Petitioner : Ms Megha Rani, Adv.

For the Respondents : Mr.Addl. Advocate General (04)

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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY

ORAL ORDER

2 04-02-2026 Heard the parties.

2. The present writ petition has been filed for the

following relief(s) :

“(i) For quashing the order dated 29.04.2024 without

its memo no. passed by the Respondent Sub

Divisional Officer-cum-licensing Authority, Patna

Sadar, whereby and where under the license of the

petitioner has been suspended pursuant to the

institution Shastri Nagar PS case no. 319/2024

lodged under sec 7 of the Essential Commodities Act,

1955. The copy of the order has been provided to the

petitioner through the registered post on 02.04.2025.

(ii) For issuance of an appropriate writ in the nature

Patna High Court CWJC No.19608 of 2025(2) dt.04-02-2026

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of mandamus directing the respondent licensing

authority to restore the license forthwith.

(iii) During the pendency of the present case not to

take any coercive action against the petitioner and

restraining the Respondent Authorities not to take any

further action with respect to order dated 29.04.2024

by which the license of the petitioner has been

suspended.

(iv) Any other order or orders as your lordships may

deem fit and proper and in the facts and

circumstances of the case.”

3. Learned counsel for the petitioner submits that the

solitary ground given in the letter dated 15.04.2024 for

cancelling the PDS licence of the petitioner was that a First

Information Report (F.I.R.) bearing Shastrinagar P.S. Case No.

319/2024 had been instituted against the petitioner. Similarly,

the impugned order has been passed on the sole ground of

institution of the aforesaid FIR against the petitioner.

4. Learned counsel for the respondents appears and

has been heard.

5. Having heard the parties and on consideration of

the materials on record, this Court finds merit in the writ

petition. A perusal of the PDS. (Control) Order, 2001 read with

Patna High Court CWJC No.19608 of 2025(2) dt.04-02-2026

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Rule 7 of the notification in G.S.R. No. 1 dated 20.02.2007

makes it clear that mere institution of a First Information Report

would not constitute a valid ground for cancellation of the PDS

licence. This view finds support from the decision of this Court

in Umesh Ram vs. The State of Bihar and others, AIR 2014

Patna 113 as well.

6. In view of the above, the impugned order dated

29.04.2024 (Annexure-P/5) is hereby quashed and is also set

aside.

7. Needless to say, supplies to the petitioner shall be

restored without delay.

8. It is made clear that, in case, the petitioner is

subsequently convicted in the criminal case instituted against

him, thereafter, the authorities are free to take necessary action

in accordance with law.

9. With the above directions, the Writ Petition stands

allowed to the extent indicated.

(A. Abhishek Reddy , J)

Shamshad/-

U