IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13766 of 2023 ======================================================

Dilip Paswan, Son of Shyam Lal Paswan, Resident of Village- Manpur, P.S. -

Fatehpur, District - Gaya.

... ... Petitioner/s Versus

1. The State of Bihar through The Principal Secretary, Department of Food and Public Distribution, Government of Bihar, Patna.

2. The Principal Secretary, Department of Food and Public Distribution, , Government of Bihar, Patna.

3. The Commissioner, Magadh Division, Gaya.

4. The District Magistrate, Gaya.

5. The Additional Collector cum Additional District Magistrate, Gaya.

6. The Sub Divisional Officer, Sadar, Gaya.

7. The Block Development Officer, Amas, Gaya.

8. The Block Development Officer, Tankuppa, Gaya.

9. The The Block Development Officer, Fatehpur, Gaya.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Ms.Sushmita Mishra, Adv.

For the Respondent/s : Mr.S. Raza Ahmad ( AAG 5 )

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

CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

11 09-02-2026 Heard learned counsel for the parties.

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

“(i) For the issuance of a Rule in the nature of writ of certiorari for quashing the order dated 31-03-2023 passed by Respondent No.5, The Additional Collector cum Additional District Magistrate, Gaya whereby and whereunder the P.D.S. Appeal No. 01/18 preferred by the petitioner against the order dated 10-11-2017 passed by Respondent No.6, The Sub Divisional Officer, Sadar, Gaya, whereby whereunder the P.D.S. Licence bearing 01/90 has been cancelled has been dismissed and the order dated 10-11-2017 passed by Respondent No. 6 has been affirmed.

(ii) For the issuance of a Rule in the nature of writ of certiorari for quashing the order dated 10-11-2017 passed by Respondent No.6, The Sub Divisional Officer, Sadar, Gaya, whereby and whereunder the P.D.S. Licence bearing 01/90 has been cancelled without issuance of any show cause notice for proposed cancellation of his license on the basis of an inspection conducted on 15-10-2017 and further, it has been passed on the direction of the District Magistrate, Gaya who himself is the Appellate authority.

(iii) For the issuance of a Rule in the nature of writ of Mandamus to follow the provisions of Bihar Targetted Public Distribution System (Control) Order, 2016 (In short- Control Order, 2016) in a just and proper manner.”

3. Learned counsel appearing on behalf of the petitioner submits that the petitioner is the PDS dealer who has been granted the license in the year 1990 and he has been functioning without complaint from any beneficiaries attached to his shop. Learned counsel submits that on earlier occasion, the respondents have inspected the shop of the petitioner on 05.05.2027 and 08.06.2017, thereafter, the Sub-Divisional Officer has issued show cause notices to the petitioner vide Letter No. 150/Aa dated 06.05.2017 and Letter No. 563/Aa dated 11.06.2017 respectively (Annexure A and B of the supplementary counter affidavit). Learned counsel submits that after issuance of the above two show cause notices the authority did not take any action and it was presumed that they have dropped the proceedings. Thereafter the authority again inspected the shop of the petitioner on 15.10.2017, however no show cause notice was issued to the petitioner after the 3^rd inspection dated 15.10.2017 and straightaway the impugned order of cancellation was passed on 10.11.2017 vide Memo No. 740/Go(Aa) (Annexure P/2). Learned counsel submits that the authority after a fresh inspection without serving any show cause notice or granting an opportunity to the petitioner to file his reply, the license of the petitioner has been cancelled at the behest of the District Magistrate. Learned counsel has drawn the attention of the Court to the relevant paragraph of the impugned order passed b