Ram Vachan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7486 of 2025 ====================================================== Ram Vachan Paswan S/o Ram Dular Paswan, Resident of 70, off Polo Road, Murgi Farm, Kaushal Nagar, Phulwari, P.S. Hawai Adda, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar Patna 2.

The Collector-cum-District Magistrate, Patna. 3.

The Sub-Divisional Officer-cum-Licensing Authority, Patna Sadar, Patna. 4.

The Supply Inspector, Rationing, Patna.

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

For the Petitioner/s :

Mr.Dhananjaya Nath Tiwari For the Respondent/s :

Mr.Government Advocate (9) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 22-07-2025

1. The present writ petition has been filed for the quashing of the order dated 25.11.2024, passed by the SubDivisional Officer-cum-licensing authority, Patna Sadar whereby and whereunder the license of the petitioner bearing License No. 24/2022, FPS Code No. 123000200683 has been suspended.

2. The short point raised by the petitioner for consideration is that as per rule 28 of Bihar Targeted Public Distribution System (Control) Order, 2016, the period of suspension cannot survive beyond a period of 180 days and during the said period of 180 days of suspension of the license, a final order has to be passed but the same has not been passed

Patna High Court CWJC No.7486 of 2025(2) dt.22-07-2025 2/2 in the present case, hence the order dated 25.11.2024, stands vitiated in the eyes of law.

3. The learned counsel for the respondent-State submits that in case, it transpires subsequently that the final order has already been passed in the present case, liberty be granted to the respondents to move this Court for the purposes of modification/ recall of the order being passed today.

4. Liberty so sought, is granted.

5. Having regard to the facts and circumstances of the case and considering the provisions contained in Rule 28 of Bihar Targeted Public Distribution System (Control) Order, 2016, this Court finds that the period of suspension of the P.D.S. license of the petitioner has exceeded a period of 180 days, however no final decision has been taken and secondly, the petitioner has already been granted the privilege of anticipatory bail which indicates that neither the petitioner is a fugitive nor he has been sent to jail, hence, the impugned order dated 25.11.2024, stands vitiated in the eyes of law, thus is quashed.

6. The writ petition stands allowed.

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