Chandrakishor Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9360 of 2022 ====================================================== Chandrakishor Tiwari Son of Ravindra Tiwari, resident of Village P.S.- Thakaraha, Dhumnagar, District West Champaran at Bettiah. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Consumer Protection, Government of Bihar, Patna.

2.

The Commissioner, Tirhut, Muzaffarpur, Bihar. 3.

The District Magistrate, West Champaran, Bettiah. 4.

The Sub Divisional Officer, Bagha, West Champaran, Bettiah. 5.

The Block Development Officer, Thakraha, West Champaran, Bettiah. 6.

The Block Supply Officer, Thakraha, West Champaran, Bettiah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Mishra, Adv.

:

Ms. Manini Jaiswal, Adv.

For the Respondent/s :

Mr. UP Singh, AC to SC4 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 07-02-2024 Heard the learned counsel for the parties.

The present writ petition has been filed for the following reliefs:- "i. For quashing the order dated 10.02.2022 passed by respondent no.2 whereby and where under the revision case no. 70/2021 has been dismissed contrary to the records of the case. ii. For issuance of an appropriate writ in the nature of certiorari quashing the order contained in memo no. 190 dated 25.5.2017 passed by Respondent no. 3 by which the license no. 3/07 of the petitioner under public distribution system was cancelled.

Iii. For quashing the order dated 2.4.2019 passed by respondent no. 3 whereby and where under the appeal has been dismissed contrary to the records of the case.

iv. And the petitioner further prays to

Patna High Court CWJC No.9360 of 2022(5) dt.07-02-2024 2/3 restore the license no. 03/2007 of the petitioner forthwith.

v. Any other order or orders as your lordships may deem fit and proper and in the facts and circumstances of the case."

3. Learned counsel for the petitioner submits that the solitary ground given in the show cause notice dated 03.05.2017 vide Memo No. 167 for cancelling the PDS licence of the petitioner was that First Information Report (F.I.R.) bearing Thakraha P.S. Case No. 91 of 2017 had been instituted against the petitioner. Similarly, the impugned order has been passed on the sole ground of institution of the aforesaid FIR against the petitioner.

4. Learned counsel for the respondents appears and has been heard.

5. Having heard the parties and on consideration of the materials on record, this Court finds merit in the writ petition. A perusal of the PDS. (Control) Order, 2001 read with Rule 7 of the notification in G.S.R. No. 1 dated 20.02.2007 makes it clear that mere institution of First Information Report would not constitute a valid ground for cancellation of the PDS licence. This view finds support from the decision of this Court in Umesh Ram vs. The State of Bihar and others, AIR 2014 Patna 113 as well.

6. In view of the above, the impugned order dated

Patna High Court CWJC No.9360 of 2022(5) dt.07-02-2024 3/3 25.5.2017 (Annexure-7) is hereby quashed and consequently the appellate order dated 02.04.2019 (Annexure-9) and revision order dated 10.02.2022 (Annexure-11) are also set aside.

7. Needless to say, supplies to the petitioner shall be restored without delay.

8. It is made clear that, in case, the petitioner is subsequently convicted in the criminal case instituted against him, thereafter, the authorities are free to take necessary action in accordance with law.

9. With the above directions, the Writ Petition stands allowed to the extent indicated.

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