IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17631 of 2019 ======================================================

Mahamaya Paswan S/o Bishun Dayal Paswan, Resident of Village-Nargadda, P.S.-Shahpur, District-Patan.

... ... Petitioner/s Versus

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

2. The District Magistrate, Patna District-Patna.

3. The Sub Divisional Officer, Danapur, District-Patna.

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

Appearance :

For the Petitioner/s : Mr. Rajeev Kumar, Adv. For the Respondent/s : Mr. Arvind Ujjwal (Sc4)

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

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

4 20-02-2026 Heard learned counsel for the parties.

2. The present Writ Petition has been filled for the following reliefs:-

“(i) To issue an appropriate order/s, direction/s including a writ preferably in the nature of Certiorari for quashing the order as contained in memo No. 904 dated 18-07-18 passed by the Sub Divisional Officer, Danapur, Patna whereby and where under he has suspended the fair price license bearing No. 07/17 of the petitioner on the ground of the petitioner as well as quashing the order passed by the same authority vide Memo No. 938 dated 24-07-2018 after that consumers of the petitioner's shop has been tagged with another P.D.S. shop.

(ii) To direct the respondent No. 3 the S.D.O. to restore the fair price license of the petitioner henceforth taking not the considering that shop in question is the only means of earning his life.”

3. Learned counsel for the petitioner submits that the solitary ground given in the show cause notice for cancelling the PDS licence of the petitioner was that an First Information Report (F.I.R.) bearing Shahpur P.S. Case No. 212 of 2018 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 Rule 7 of the notification in G.S.R. No. 1 dated 20.02.2007 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

18.07.2018 passed by the Sub Divisional Officer is hereby quashed and 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)

Gauravkr/-

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