IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18467 of 2024 ======================================================

Jitendra Kumar Singh, S/o- Late Ramswarup Singh, R/o- Village- Tarachauri, P.S.- Mahnar, District- Vaishali, Bihar.

... ... Petitioner/s Versus

1. The State of Bihar through its Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

2. The Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

3. The District Magistrate cum Collector, Vaishali at Hajipur, Bihar.

4. The Additional District Magistrate, Vaishali at Hajipur, Bihar.

5. The Sub Divisional Officer, Mahnar, District- Vaishali.

6. The Assistant District Supply Officer, Mahnar, District- Vaishali.

7. The Block Supply Officer, Mahnar, District- Vaishali.

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

Appearance :

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

For the Respondent/s : Mr.Government Pleader 03 ======================================================

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

7 17-02-2026 Heard learned counsel for the parties.

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

“A. For quashing the order bearing Memo 2819/A dated 18.11.2021 passed by the Sub Divisional Officer, Mahnar, Respondent No. 5 whereby and whereunder Petitioner's license for running the public distribution system (hereinunder referred as PDS) shop bearing no. 24/2016 has been cancelled on wrong assumptions of facts and law.

B. For quashing the appellate order bearing Memo 573 dated 06.07.2023 passed by the Additional District Magistrate, Vaishali, Respondent No. 4 in P.D.S. Appeal Case No. 41/2022-23, whereby and whereunder the appeal filed by the petitioner has been rejected and the order dated 18.11.2021 has been upheld.

C. For quashing the revisional order dated 07.03.2024 passed by the Sub Divisional Officer, Mahnar, Respondent No. 5 in PDS Revision Case No- 327/2023, whereby and whereunder the Revision filed by the Petitioner has been rejected and the order dated 18.11.2021 has been upheld.

d. For quashing the order dated 10.09.2024 of the Secretary, Department of Food and Consumer Protection, Government of Bihar, whereby and whereunder the order dated

18.11.2021 has been upheld.

B. For issuance of an appropriate writ(s)/Rule(s)/direction(s) in the nature of Mandamus for directing the Respondents to restore the Petitioner's license to run the PDS Shop as a consequence of quashing of the cancellation of the order dated 18.11.2021 and other consequential orders dated 06.07.2023 and 07.03.2024.

C. For passing such further or other order(s) as this Hon'ble Court may deem fit and proper in the circumstances of the 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 non- supply 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 that 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. 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 opin