Bital Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10404 of 2025 ====================================================== Bital Kumar Paswan Son of Bishu Paswan Resident of Village-Basdiha, P.S.- Dumariya, District-Patna ... Petitioner

Versus

1.

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

The District Magistrate, Gaya.

3.

The Sub-Divisional Officer, Sherghati, Gaya.

4.

The Block Supply Officer, Dumariya, Gaya. ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Binay Kumar, Adv.

For the Respondents :

Mr.Standing Counsel (11) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 09-07-2025 Heard the parties.

2. The present writ petition has been filed for the following relief(s) :

"................ for issuance of writ/writs, order/orders and direction/directions to quash the order dated 1601-2025 contained in Memo No. 39 by which the Ld. Sub Divisional Officer, Sherghati (Gaya) cancelled the P.D.S. License No. 02/2016 of the petitioner contrary to rule 28 &29 of the Bihar Targeted P.D.S. (Control) Order, 2016 only on the ground of FIR lodged in Dumariya P.S. case No. 68/2024 and for direction upon the respondent No. 3 to continue allocation to the Public Distribution System Shop of the petitioner after declaring the cancellation order 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."

Patna High Court CWJC No.10404 of 2025(2) dt.09-07-2025 2/3

3. Learned counsel for the petitioner submits that the solitary ground given in the show cause notice dated 26.11.2024 vide Memo No. 534 for cancelling the PDS licence of the petitioner was that an First Information Report (F.I.R.) bearing Dumariya P.S. Case No. 68 of 2024 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.

6. In view of the above, the impugned order dated 16.01.2025 (Annexure-P/5) passed by the Sub Divisional Officer, Sherghati, Gaya, is hereby quashed.

Patna High Court CWJC No.10404 of 2025(2) dt.09-07-2025 3/3

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) Shamshad/- U