Daroga Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12546 of 2025 ====================================================== Daroga Paswan Son of Anant Paswan, Resident of Village- Hasanpur, PS Nandlalpur, District Vaishali, Bihar- 844113. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Food and Consumer Protection Department, Food and Consumer Protection Department, Patna.

3.

The District Magistrate, Hajipur, Vaishali.

4.

The Sub-Divisional Officer cum Licensing Authority, Hajipur, Vaishali. 5.

The District Supply Officer, Hajipur, Vaishali. 6.

The Block Supply Officer, Hajipur, Vaishali.

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

For the Petitioner/s :

Mr. Anand Kumar Ojha, Advocate Mr.Ashok Kumar Karna For the Respondent/s :

Mr.Government Pleader (17) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-11-2025

1. Heard the parties.

2. The petitioner has filed the present writ application for quashing the order contained in Memo No. 94 dated 04.03.2025 passed by Sub Divisional Officer, Hajipur, Vaishali by which the PDS license of the petitioner has been cancelled.

3. Mr. Anand Kumar Ojha, learned senior counsel for the petitioner submits that license of the petitioner has been cancelled in violation of principle of natural justice and on unreasonable ground which was subject matter of a writ application bearing CWJC No. 9309 of 2020 (Arun Singh @

Patna High Court CWJC No.12546 of 2025(2) dt.20-11-2025 2/2 Arun Kumar Singh versus The State of Bihar & Ors.) decided by this court on 31.01.2022.

4. Learned counsel for the State submits that the petitioner without availing the remedy of appeal has directly filed writ application before this court and the judgment on which the petitioner is relying i.e. Arun Singh @ Arun Kumar Singh case (supra) came up before this Court after availing the remedy of appeal and revision.

5. Considering the nature of allegation and the reply submitted by the petitioner which is factual in nature, I feel it expedient to dispose this writ application with liberty to the petitioner to file appeal before the DM / ADM under Rule 32(iii) of the Bihar Targeted Public Distribution System (Control) Order 2016. If such an appeal is filed within fifteen days from today, the appellate authority shall consider the same in accordance with law and pass a reasoned order within a further period of three months thereafter.

(Anil Kumar Sinha, J) praful/- U