IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8449 of 2020

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Pradip Kumar Paswan, Son of Ram Prasad Paswan, Resident of Village

Samoul, Block Rahika, P.S. Madhubani, District Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Food and Consumer Protection,

Government of Bihar, Patna.

2.

The District Magistrate, Madhubani.

3.

The Sub Divisional Officer Sadar, Madhubani.

4.

The Block Supply Officer, Rahika, District Madhubani.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr.Manoj Kumar Jha, Advocate

For the Respondent/s

:

Mr.Prashan Pratap GP-2

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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD

ORAL JUDGMENT

Date : 04-03-2021

Heard learned counsel for the petitioner and learned counsel

for the State-respondent.

2. The petitioner, who is a Public Distribution System

licensee, has approached this Court seeking quashing of order

dated 22.08.2020 under memo No. 561 whereby and whereunder

the Sub Divisional Officer, Sadar, Madhubani (hereinafter referred

to as the “SDO”) has cancelled the PDS license of the petitioner

bearing PDS license No. 44 of 2017 on the alleged ground of

violation of certain provisions of the Bihar Targeted Public

Distribution System (Control) Order 2016 (hereinafter referred to

as the “Targeted Control Order”)

3. The brief facts are that the Block Supply Officer, Rahika

visited the petitioner’s shop on 16.05.2020 to conduct an

inspection of his PDS dealership. An inspection report has been

submitted in respect of the inspection by the Block Supply

Officer, under letter dated 08.06.2020, bearing letter No. 60 to the

Patna High Court CWJC No.8449 of 2020 dt.04-03-2021

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SDO. Based on this inspection report, the SDO issued a show

cause notice to the petitioner on 16.06.2020, asking him to reply

within 48 hours with respect to 06 allegations which were as

follows:-

(i) Shop was found closed.

(ii) The weights and measure license was not valid.

(iii) Notice Board did not display the requisite information.

(iv) Beneficiaries were not being made available the

foodgrains on Government determined rates and weight

(quantity).

(v) Beneficiaries were being given foodgrains on two months.

(vi) The petitioner was misbehaving with the beneficiaries.

4. The petitioner responded to the said show cause notice

under his reply dated 27.06.2020. The SDO, thereafter, on

22.08.2020, has issued the impugned order cancelling the

petitioner’s PDS license.

5. The petitioner’s counsel has submitted that the SDO has

proceeded against the petitioner with a pre-conceived intention of

cancelling his license. Only 48 hours time was allowed, as per the

show cause notice dated 16.06.2020. The inspection report dated

08.06.2020, allegedly submitted by the Block Supply Officer, has

not been made available to the petitioner along with show cause

notice. Lastly, it is submitted that the order of the SDO takes into

consideration complains and statements made by certain

beneficiaries forwarded by the Ward Member and Mukhiya as well

as the inspection report 16.06.2020 issued by the Block Supply

Officer. Copies of none of these documents have made available

to the petitioner. The order itself is also cryptic and shows total

non- application of mind by the SDO.

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6. Earlier, time was granted to the State counsel for filing

counter affidavit, on 05.02.2021. By way of last indulgence one

week’s further time was granted on 24.02.2021 with a clear

stipulation that if counter affidavit is not filed, this Court would

proceed further presuming that the State has nothing to comment in

respect of the averments made in the writ petition. Till today,

counter affidavit has not