Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3627 of 2026 ===================================================== Asha Devi, Wife of Janardhan Rajak, Resident of Ward No. 03, Laxminia Tola, P.S.- Chausa, Madhepura, Bihar, Pin 852213. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary Food and Civil Supply, Government of Bihar, New Secretariat Patna.

2.

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

3.

The Divisional Commissioner, Purnea.

4.

The District Magistrate, Madhepura.

5.

The Sub-Divisional Officer, Udakishanganj.

6.

The Block Supply Officer, Chausa.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Mishra, Sr. Advocate with Mr. Manini Jaiswal, Advocate.

Mr. Adya Pandey, Advocate.

For the Respondent/s :

Mr. Addl. Advocate General 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 01-07-2026 Without going into the merits or demerits of the case, the present writ petition is disposed of at the stage of admission with the consent of both the Counsels.

2. Duly taking note of the fact that the show-cause notice issued to the petitioner is dated 30.08.2025 (AnnexureP/2) and even before the petitioner could file her explanation to the said show-cause notice, the authority has passed the impugned order on the very same day i.e. 30.08.2025 cancelling

Patna High Court CWJC No.3627 of 2026(3) dt.01-07-2026 2/3 the PDS licence of the petitioner (Annexure-P/3). The impugned order is liable to be set aside on the sole ground that the said action is against the principles of natural justice and equity. Further, it is to be seen that the petitioner is a lady who was appointed under the compassionate ground and an illiterate lady merely because the petitioner has forgotten to renew her license which admittedly has expired in the year 2022, the same cannot be a ground to cancel the PDS license. Further, the food-grains were being supplied for distribution and was under the impression that the license is still valid. Be that as it may, the impugned order dated 30.08.2025 in Memo No.

3042 (Annexure-P/3) is liable to be set aside on the sole ground of violation of the principles of natural justice and equity and the same is accordingly set aside. The matter is remanded back to the authority concerned for taking a decision as to whether any action is warranted or not, in case the authority comes to the conclusion that any action is necessary then the petitioner shall be served a fresh show-cause notice duly giving her an opportunity of filing her explanation and pass a reasoned order.

Patna High Court CWJC No.3627 of 2026(3) dt.01-07-2026 3/3 considered by the respondent-authority in accordance with law. In case any penalty has to be imposed for the delay in filing the application, the same shall be considered duly taking into consideration the fact that the PDS dealer is a widow and illiterate lady.

3. With the above directions, the present writ petition is disposed of.

(A. Abhishek Reddy, J) shakir/- U