IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12442 of 2023 ======================================================

Kamni Kumari @ Kamini Kumari ... ... Petitioner/s Versus The State of Bihar ... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. N.K. Agarwal, Adv.

Mr. Rajiv Ranjan, Adv.

For the Respondent/s : Mr. S. Raza Ahmad (Aag5)

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

4 23-02-2026 Heard learned counsel for the parties.

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

(i) For Quashing of show cause to the petitioner vide issued memo no. 1043 dated 27.03.2021 issued under the signature of Sub- Divisional-Officer, Baisi, without enclosing copy of inquiry report, which was conducted by Block Supply Officer, Baisi.

(ii) For quashing the order as contained in memo no. 1126 dated 09.04.2021 issued and passed by the Sub divisional Officer Baisi, whereby and where under the learned Sub divisional Officer Baishi, has cancelled the Fair Price shop of the petitioner under Public Distribution system bearing License no. 01/2019, without considering the fact that the copy of inquiry report was served to never the petitioner and hence petitioner was precluded from submitting whole some reply and the PDS license of the petitioner was cancelled by a illegal, arbitrary, cryptic, unreasoned, unexplained order and the same is in violation of principals of Natural Justice and also in contravention of statutory provisions of the act and not sustainable in the eyes of law and the same is fit to be quashed, moreover the PDS license of the petitioner has been cancelled without considering the show-cause reply of the petitioner, only on the basis of recommendation made by the Block supply officer, Baisi.

(iii) Further for direction to the respondents to restore license and supply to the Fair Price shop of the petitioner under Public Distribution system bearing License no.

01/2019.

(iv) For any other appropriate to which the relief/reliefs petitioner is found entitled in the facts and circumstances of this case.”

3. Learned counsel appearing on behalf of the petitioner has stated that the Sub-Divisional Officer while issuing the show cause notice to the petitioner has not enclosed the enquiry report.

4. Further learned counsel has relied on the judgment of this Hon’ble Court in CWJC No.253 of 2014 dated 11.03.2015 wherein this Hon’ble Court has held that the nonsupply of the enquiry report along with the show-cause is bad and against the principle of natural justice and equity.

5. Learned counsel has stated in view of the above mentioned provisions of law and judgment relied by the petitioner, the impugned order may be set aside and matter remanded back to the authorities concerned for furnishing a copy of the enquiry report and any other material that they seek to rely on and give an opportunity of filing his explanation and thereafter take necessary action.

6. Per contra, the learned counsel appearing on behalf of the respondents has vehemently opposed the very maintainability of the writ petition and stated that the present writ petition is not maintainable as the petitioner has an alternative and efficacious remedy of filing an appeal before the District Magistrate. Learned counsel has therefore prayed this Hon’ble Court to dismiss the present writ petition.

7. This Court in CWJC No.253 of 2014 dated

11.03.2015 held as under:

"In my opinion, irregularities in maintenance of notice board or maintenance of the stocks within the premises of the petitioner are too trivial and cannot form a basis for cancellation of licence. No doubt there were other serious charges against the petitioner regarding non-issuance of cash-memo to the consumers, distribution of lesser amount of kerosene oil and non-distribution of foodgrains but surprisingly even while making such allegations, the names of