IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.505 of 2026 ======================================================

Haridwar Ram Son of Bhola Ram, resident of Village-Silari, P.O. and P.S.-

Shiv Sagar, District-Rohtas ... Petitioner Versus

1. The State of Bihar through the Principal Secretary, Department of Food and Civil Supply, Bihar, Patna.

2. The Divisional Commissioner, Patna Division, Patna.

3. The District Magistrate, Rohtas, Sasaram.

4. The Sub-Divisional Officer, Sasaram, District-Rohtas, Sasaram.

5. The Block Supply Officer, Block-Shivsagar, District-Rohtas.

... Respondents ======================================================

Appearance :

For the Petitioner : M/s Abhash, Pradhan Murli Manohar Prasad &

Raju Kumar, Advs.

For the Respondents : Mr.Addl. Advocate General (04)

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

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

4 11-03-2026 Heard the parties.

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

“(i) To issue a writ preferably in the nature of CERTIORARI for quashing the order dated 19.09.2025 passed in Supply Appeal Case No.30/2022 by Collector-cum-District Magistrate, Rohtas (Sasaram) whereby and whereunder he has rejected the appeal and affirm the order of S.D.O., Sasaram.

(ii) To quash the order dated 14.09.2021 passed by S.D.O., Sasaram whereby and whereunder he has cancelled the fair price shop license of the petitioner vide license No.8 of 2007 on the ground of lodging of Kargahar P.S. Case No.86 of 2020 for the offence mainly under section 7 of Essential Commodities Act.

(iii) To quash the show cause notice dated 03.07.2021 vide memo No.797 issued by S.D.O., Sasaram as it is issued in voilation clause-28 of B.T.P.D.S. (Control)

order, 2016.

(iv) To direct the S.D.O., Sasaram to restore the P.D.S. license to the petitioner.

(v) To any other relief/reliefs which this Hon'ble court deems fit.”

3. Learned counsel for the petitioner submits that the solitary ground given in the show cause notice dated 03.07.2021 vide Memo No. 797 for cancelling the PDS licence of the petitioner was that a First Information Report (F.I.R.) bearing Kargahar P.S. Case No. 86 of 2020 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 makes it clear that mere institution of a First Information Report 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

19.09.2025 (Annexure-P/10) is hereby quashed and is also 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)

Shamshad/-

U