Prabhavati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9482 of 2020 ====================================================== Prabhavati Devi Wife of Anand Shankar Prasad Resident of Maharana Pratap Nagar, new Police Line P.S. and P.O. Nawada Ara Bhojpur. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Bhojpur, Ara.

3.

The Sub Divisional Officer, Ara Bhojpur.

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

For the Petitioner/s :

Mr. Sanjeev Kumar Mishra For the Respondent/s :

Mr. Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 18-12-2020 Mr. Sanjeev Kumar Mishra, learned counsel for the petitioner, has expressed his desire that matter be heard by the Division Bench, as such, matter has been placed before the Division Bench.

Heard learned counsel for the parties.

Petitioner has prayed for following relief:- "This writ petition is being filed with a prayer for issuance of an appropriate writ in the nature of certiorari quashing the order dated 25.09.2020 passed by the respondent no.3 by which the licence no.47/2016 of the petitioner under Public Distribution System has been suspended and the petitioner further prays to restore the licence of the petitioner forthwith." Petitioner is a PDS licence dealer and on 22.9.2020 an

Patna High Court CWJC No.9482 of 2020 dt.18-12-2020 2/3 FIR was instituted under Section 3/7 of EC Act and 3⁄4 of the Pandemic Act alleging that 874 bags of rice, 535 bags of wheat, 35 bags of pulse and 21 bags of gram was seized from one Deep Naraiyan Singh who disclosed that rice is from the shop of petitioner and accordingly, the shop was inspected and it was found that in the month of June there was no distribution and stock register was not maintained and pursuant to FIR, vide order dated 25.9.2020 passed by SDO, Piro, Bhojpur, the liecnce of the petitioner was suspended.

The petitioner has relied upon a judgment dated 30.03.2018 passed by this Court in a case of similar nature being CWJC No.2865 of 2018 (Baneshwar Uraon Versus the State of Bihar and Ors.) which is being reproduced hereinafter:- The present writ petition has been filed for quashing of the order contained in memo no. 382 dated 13.11.2017 passed by learned Sub-Divisional Officer, Farbesganj, Araria by which the PDS licence of the petitioner being license no. 66N/2016 has been suspended. Learned counsel for the petitioner submits that the licence of the petitioner, who is a PDS dealer, has been suspended only on the basis of the first information report instituted as Narpatganj P.S. Case No. 513 of 2017. It is submitted that the conditions for suspension of the licence in terms of Clause 28 of the Bihar Targeted Public Distribution System (Control) Order, 2016 are not satisfied as the petitioner is neither behind the bar nor he is fugitive. The petitioner relies upon the order dated 07.03.2017 passed by the Coordinate Bench of this Court in CWJC No. 16733 of

Patna High Court CWJC No.9482 of 2020 dt.18-12-2020 3/3 2016 in which the order of suspension of licence was quashed for similar reasons.

Learned counsel for the respondents appears and has been heard.

Having regard to the nature of the grievance of the petitioner and in view of the order dated 07.03.2017 passed by this Court in CWJC No. 16733 of 2016 in similar circumstances, the impugned order contained in memo no. 382 dated 13.11.2017 passed by learned Sub Divisional Officer, Farbesganj, Araria (Annexure-3) is hereby quashed. The writ petition stands allowed.

Needless to say, the supply of the articles in terms of the Bihar Targeted Public Distribution System (Control) Order, 2016 shall be restored to the petitioner without delay." For the reasons as stated above, the writ petition is allowed and order dated 25.09.2020, passed by the respondent no.3 by which the licence no.47/2016 of the petitioner under Public Distribution System has been suspended, is quashed and respondent no.3, the Sub Divisional Officer, Ara Bhojpur is directed to restore the PDS licence of the petitioner. (Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 29.01.2021 Transmission Date NA