Amlendra Paswan @ Amrendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8255 of 2026 ====================================================== Amlendra Paswan @ Amrendra Paswan Son of Late Sudarshan Paswan, Resident of Village- Dorapur, Village Panchayat- Barah, Police StationRanitalab, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Department of Food and Consumers Protection, Government of Bihar, Patna. 2.

The District Magistrate, Patna.

3.

The Sub-Divisional Officer, Paliganj, Patna.

4.

The District Supply Officer, Patna.

5.

The Block Supply Officer, Bikram, Dist- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Kumar, Adv.

Mr. Binay Kumar, Adv.

Mr. Rahul Kumar, Adv.

For the Respondent/s :

Mr.Standing Counsel 04 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 17-06-2026 Heard learned counsel for the parties.

2. The present Writ Petition has been filled for the following reliefs:- "That this is an application for issuance of appropriate writ/writs, order/orders and direction/directions to quash the order dated 26-02-2026 contained in Memo No. 51 by which the Ld. Sub Divisional Officer, Paliganj (Patna) has cancelled the License No 163/2016-17 of the petitioner only on the ground of F.I.R after its suspension dated 1209-2025 contrary to clause 28 of the Bihar Targeted P.D.S. (Control) Order, 2016 when the petitioner was not sent to jail or gone fugitive and for direction upon the

Patna High Court CWJC No.8255 of 2026(2) dt.17-06-2026 2/3 respondent No. 3 to continue allocation to the Public Distribution System Shop of the petitioner after declaring the order of cancellation null and void and/or pass such other order(s) as your Lordships may deem fit and proper under the facts and circumstances of the case."

3. Learned counsel for the petitioner submits that the solitary ground given in the order dated 26.02.2026 vide Memo No. 51/A for cancelling the PDS licence of the petitioner was that an First Information Report (F.I.R.) bearing Ranitalab P.S. Case No. 347 of 2025 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 a 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.

Patna High Court CWJC No.8255 of 2026(2) dt.17-06-2026 3/3

6. In view of the above, the impugned order dated 26.02.2026 (Annexure-P/3) is hereby quashed.

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) Bhardwaj/- U