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2026 Supreme(Online)(Pat) 934

IN THE HIGH COURT OF JUDICATURE AT PATNA
A. Abhishek Reddy, J
Bihari Ram
Civil Writ Jurisdiction Case No.20478 of 2025



Advocates:
For the Appellants/Petitioners: Manas Rajdeep
For the Respondents: Standing Counsel (09)

The court directed the relevant authority to number and dispose of a pending statutory appeal on its merits within a specified timeframe, ensuring the petitioner is granted a fair hearing and a reasoned order is passed.

Headnote:The petitioner challenged the cancellation of a public distribution system license (License No. 35 of 2017) via an order dated 26.09.2025 and a preceding show-cause notice dated 10.09.2025. It was contended that the petitioner was not provided with the statement of beneficiaries or the enquiry report. The court noted that a statutory appeal had already been filed before the District Magistrate but had not yet been numbered. The primary issue was whether the court should intervene in the merits of the cancellation or direct the statutory authority to process the pending appeal. The court reasoned that since a statutory remedy is available and an appeal has been filed, the appropriate course of action is to ensure the disposal of the appeal on merits after providing a fair hearing to the petitioner. With the above directions, the Writ Petition stands disposed of.

Table of Content
1. challenge to the cancellation of a pds license and associated show-cause notice. (Para 1 , 2)
2. availability and non-processing of a statutory appeal as a primary remedy. (Para 3 , 4 , 5)
3. direction for time-bound, reasoned disposal of statutory appeals following principles of natural justice. (Para 6 , 7)

ORAL ORDER

04-02-2026 Heard the parties.

2. The present writ petition has been filed for the following relief(s) :

“i. For issuance of an appropriate writ in the nature of certiorari quashing the order contained in memo no. 746dated 26.09.2025 passed by Respondent Sub Divisional Officer by which the license no 35 of 2017 of the petitioner under public distribution system was cancelled.

“ii. For quashing the order contained in memo no. 647dated 10.09.2025 issued under the signature of Respondent Sub-Divisional Officer whereby and where under the petitioner has been directed to file showcause for irregularities found by the Respondent Block Supply Officer Ramnagar, although the copy of the statement of the beneficiaries have not been provided to the petitioner nor the copy of the enquiry report has been given to the petitioner.

iii. And the petitioner further prays to restore the license no.35/2017 of the petitioner forthwith.

iv. Any other order or orders as your lordships may deem fit and proper and in the facts and circumstances of the case.”

3. Without going into the merits or demerits of this case, the present Writ Petition is disposed of at the stage of admission with the consent of both the counsels.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has filed a statutory appeal before the District Magistrate, West Champaran at Bettiah (Respondent No. 4) against the order of cancellation passed by the Sub Divisional Officer, Bagaha, West Champaran at Bettiah (Respondent No. 5) vide Memo No. 746 dated 26.09.2025. Counsel submits that the appeal filed by the petitioner has not been numbered by the authority till date and it would suffice if a direction is given to the authorities to number the appeal filed by the petitioner and pass orders on merits by fixing a time frame.

5. Learned counsel appearing on behalf of the Respondent-State submits that he has no objection if a direction is given to the Respondent No. 4 to dispose of the appeal filed by the petitioner if not already disposed of.

6. Having regard to the above made submissions, the present Writ Petition is disposed of directing the Respondent No. 4 to number the appeal filed by the petitioner and pass orders on merits. The authority before passing any order shall put the petitioner on notice and grant him the opportunity of hearing. The authority shall endeavour to pass reasoned order as expeditiously as possible, preferably within a period of 12 weeks from the date of receipt of a copy of this order. Any orders passed shall be communicated to the party.

7. With the above directions, the Writ Petition stands disposed of.

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