IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20480 of 2021

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Makeshwar Yadav, son of Late Dwarika Yadav, resident of village and P.O.-

Madhuban, Police Station-Kusheshwar Asthan, District-Darbhanga.

.. ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Divisional Commissioner, Food and Civil Supply, Darbhanga.

3.

The District Magistrate, Darbhanga.

4.

The District Supply Officer, Darbhanga.

5.

The Sub-Divisional Officer, Biraul, District-Darbhanga.

6.

The Block Marketing Officer, Kusheshwar Asthan, District-Darbhanga.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr.Ranjit Kumar Yadav, Advocate

For the Respondent/s

:

Mr.S. Raza Ahmad (AAG-5)

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE S. KUMAR

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE S. KUMAR)

(The proceedings of the Court are being conducted by

Hon’ble the Chief Justice/ Hon’ble Judges through Video

Conferencing from their residential offices/residences. Also,

the Advocates and the Staffs joined the proceedings

through Video Conferencing from their residences/offices.)

Date : 08-02-2022

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s).

“1.That this is an application for issuance of a

writ in the nature of certiorari to quash the

order dated 05.02.2019 passed in P.D.S.

Revision Case No. 03/2014 by the Divisional

Commissioner, Darbhanga (Respondent no.2)

by which the revision has been dismissed, the

order dated 09.01.2014 of the District

Magistrate, Darbhanga passed in P.D.S. Appeal

no. 25/2013 by which the appeal was dismissed

and also the order of the Sub-Divisional

Officer, Biraul as contained in memo no. 1791

dated 04.11.2011 by which the P.D.S. license

no. 30/85 of the petitioner has been cancelled

and further for issuance of a writ in the nature

Patna High Court CWJC No.20480 of 2021 dt.08-02-2022

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of Mandamus and/or any other appropriate

writ, order or direction commanding upon the

respondents to restore the P.D.S. License no.

30/85 of the petitioner.”

Briefly stated, the facts of the case is that on complaint

made by the beneficiaries against PDS shop of petitioner, same

was inquired by the Block Development Officer, Kusheshwar

Asthan, Darbhanga and in enquiry report dated 29.04.2011 it

was alleged that petitioner apart from being PDS dealer is also

working as Extra Departmental Branch Post Master and there

were other allegations of irregularities against the petitioner and

for which show cause was issued to petitioner by the SDO-

cum-Licensing Authority, Biraul and in reply, he submitted that

he is PDS dealer on commission basis and holding the post of

Post Master on monthly salary and he can continue with both

simultaneously.

The Licensing Authority-cum-SDO, Biraul held that in

view of clause 2.6 (Cha) of Public Distribution System

(Control) Order 2001 as well as Circular dated 15.02.2007

issued by the Food Civil Supplies and Commerce Department,

Government of Bihar, a person holding the post of profit under

government cannot be a PDS dealer and accordingly, cancelled

the licence of petitioner by order dated 04.11.2011. Appeal

being Appeal no. 25/2013 preferred by the petitioner before the

Patna High Court CWJC No.20480 of 2021 dt.08-02-2022

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Collector, Darbhanga was dismissed on 09.01.2014 and

thereafter Revision preferred by the petitioner being PDS

Revision Case No. 3/2014 was dismissed by the Divisional

Commissioner, Darbhanga by order dated 05.02.2019.

In view of clause 2.6 (Cha) of Public Distribution

System (Control) Order 2001, as well as Circular dated

15.02.2007 issued by the Food Civil Supplies and Commerce

Department, Government of Bihar, a person holding post of

profit unde