PATNA HIGH COURT
Prashant Kumar
CWJC-1508/2026
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1508 of 2026 ======================================================
Prashant Kumar Son of Dinesh Bhagat, Resident of Village-Jamuniya, P.S.-
Parbatta, District-Bhagalpur.
... ... Petitioner/s Versus
1. The State of Bihar through Principal Secretary, Food and Civil Supply Department, Govt. of Bihar, Patna.
2. The Principle Secretary, Food and Civil Supply Department, Govt. of Bihar, Patna.
3. The Director, Food and Civil Supply Department, Govt. of Bihar, Patna
4. The Divisional Commissioner, Bhagalpur.
5. The Collector-Cum-District Magistrate, Bhagalpur.
6. The District Supply Officer, Bhagalpur, District- Bhagalpur. 7. The Sub Divisional Officer, Naughachia, District-Bhagalpur.
8. The Block Supply Officer, Naughachia, District- Bhagalpur ... ... Respondent/s ======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Adv.
: Mr. Rajan Kumar Jha, Adv.
: Ms. Isha Mishra, Adv.
For the Respondent/s : Mr. Standing Counsel 13 : Mr. Bijay Bhushan Prasad, AC to SC13 ======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER
2 16-03-2026 Heard the learned counsel for the parties.
The present writ petition has been filed for the following relief(s):-
“(i) For issuance of writ in the nature of certiorari for quashing the order dt. 26.04.2025 passed by Divisional Commissioner, Bhagalpur in Supply Revision Case No. 16/2022-23 by which rejected the revision applications filed by the petitioner without considering the case of the petitioner as he has been acquitted from the alleged charge of the Parbatta P.S. Case No.
96/2019.
(ii). For further quashing the order dt. 31.03.2022 passed by Collector, Bhagalpur in Supply Appeal Case No. 360/2019-20 by which rejected the appeal and affirmed the order dt. 25.11.2019 passed by S.D.O., Naughachia.
(iii) For further quashing the order bearing memo no. 966 dt. 25.11.2019 passed by Sub-Divisional Officer, Naughachia by which the PDS license no. 07/2019 has been cancelled on the ground as FIR has been lodged as Parbatta P.S. Case No. 93/2019, said very allegations, petitioner has been acquitted by the judgement dt. 23.09.2025 passed by S.D.J.M. Naughachia by stating that the allegations against the petitioner has not been proved.
(iv) For further issue directions to respondent to reinstate the PDS license no. 07/2019 on the ground as the allegations alleged against the petitioner found to be falsed by the judgement dt. 23.09.2025.
(v) For further give other legal consequential benefit to the petitioner.”
3. It is the case of the petitioner that the license of the petitioner was cancelled by the Sub-Divisional Officer, Naughachia on 25.11.2019 and, thereafter, the petitioner has preferred an appeal which was dismissed on 31.03.2022. That against the order of dismissal of the appeal, the petitioner has preferred a revision before the Divisional Commissioner, which was also dismissed on 26.04.2025.
4. Learned counsel appearing on behalf of the petitioner submits that the only reason for cancelling the license of the petitioner was that against the petitioner, an FIR was lodged. Learned counsel submits that the criminal court vide order dated 23.09.2025 has acquitted the petitioner and, therefore, the present writ petition is filed seeking to set aside the impugned orders passed by the Divisional Commissioners dated 26.04.2025, appellate authority dated 31.03.2022 and the Sub-Divisional Officer, Naughachia dated 25.11.2019 and restore the license of the petitioner.
5. Learned counsel appearing on behalf of the respondent-State on the other hand submitted that the petitioner was acquitted on 23.09.2026 that is after the order passed by the Divisional Commissioner on 26.04.2025. That in case the petitioner gives any representation bringing it notice of the authority that he has been honorably acquitted, the authority shall pass necessary orders in accord
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