IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.545 of 2026 ======================================================

Ramaishwar Das, Son of Achchhelal Das, Resident of Village- Masahi Ward No. 13, P.S.- Suppi, District- Sitamarhi.

... ... Petitioner/s Versus

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

2. The District Magistrate, District- Sitamarhi.

3. The District Supply Officer, District- Sitamarhi.

4. The Sub-Divisional Officer, Sitamarhi Sadar, Sitamarhi.

5. The Block Supply Officer, Suppi, Sitamarhi.

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

Appearance :

For the Petitioner/s : Mr.Kumar Gaurav, Adv.

For the Respondent/s : Mr.Standing Counsel (01)

Mr. Md. Harun Quarashi, AC to SC 1 ======================================================

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

2 17-02-2026 Heard learned counsel for the parties.

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

“A. A Writ in the nature of certiorari or any other appropriate writ order for quashing & setting aside the order passed by the Sub Divisional Officer Sitamarhi Sadar vide Memo No.66 dated 23.01.2023 whereby and where under license of the petitioner P.D.S shop bearing License No. 32/2008 has been cancelled contained therein Annexure -P/3 on the basis of some general, ominous, false, fabricated & self manufactured allegations have leveled against him prejudicially & purely with malafide intention which is beyond the truth & fact of this matter as well as also quashing and setting aside the order dated 10.06.2025 passed by the learned collector cum District Magistrate Sitamarhi in PDS Appeal Case No. 24/2024 contained therein Annexure P/5 whereby & where under appeal filed by the petitioner against the cancellation order of his P.D.S Shop License has been rejected without considering the legal merit & fact of this case.

B. A mandamus commanding the Respondent i.e. S.D.O, Sitamarhi Sadar to restore the petitioner P.D.S. Shop license bearing license No. 32/2008 and consumers of P.D.S shop of the petitioner as before and resume the monthly allotment of food grains as same as before.”

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 and there is no proposal for cancellation of the license in the show-cause notice.

4. Learned counsel has stated that non-mentioning of the proposal for cancelling his license is contrary to the provisions of order 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 (hereinafter referred to as ‘the Order, 2016’)

5. 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 non- supply of the enquiry report along with the show-cause is bad and against the principle of natural justice and equity. 6. Learned counsel has further stated that petitioner has taken the above ground in the appeal, but the appellate authority has not dealt with the above ground and dismissed the appeal in a mechanical manner.

7. Learned counsel for the petitioner has also relied on the judgment of the Full Court passed in CWJC No.21202 of 2021 and analogous cases dated 26.09.2023 to buttress his contention that non-mentioning of the proposed action in the show-cause notice is bad in law and contrary to Rule 27(ii) of the Control Order, 2016.

8. Learned counsel has stated in view of the above mentioned provisions of law and judgments relied by the petitioner, the impugned order may be set aside and matter remanded back to the authorities concerned for issuing a fresh show-cause notice in terms of order 27(ii) of the Control Order, 2016 and also furnish a copy of the enquiry report along with the said show-cause notice and thereafter take necessa