Ramesh Kumar Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11971 of 2025 ====================================================== Ramesh Kumar Tanti S/o Late Dev Narayan Tanti, Resident of VillageRasulabad, Panchayat- Raipura, Block- Simri Bakhtiyarpur, P.SBakhtiyarpur, District- Saharsa. ... ... Petitioner/s

Versus

1.

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

2.

The Collector-cum-District Magistrate, Saharsa. 3.

The Sub Divisional Officer-cum Licensing Authority, Simri Bakhtiyarpur, Saharsa.

4.

The Assistant District Supply Officer, Simri Bakhtiyarpur, Saharsa. 5.

The Block Supply Officer, Simri Bakhtiyarpur, District- Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjaya Nath Tiwari, Adv.

For the Respondent/s :

Mr. Kumar Manish, Standing Counsel (05) Mr. Arun Kr. Pd., AC to SC 05 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 06-04-2026 This is a second round of litigation. On earlier occasion, this Court vide order dated 17.12.2024 passed in CWJC No. 11292 of 2024 has set aside the impugned order dated 16.02.2024 passed by the Sub-Divisional Officer-cumLicensing Authority solely on the ground that the show cause notice issued to the petitioner was not in accordance with Rule 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016.

2. A perusal of the show cause notice dated 01.03.2025 (Annexure P/10) issued to the petitioner by the Sub-

Patna High Court CWJC No.11971 of 2025(8) dt.06-04-2026 2/3 Divisional Officer (Respondent No. 3) reveals that even in this particular show cause notice, there is no proposal for cancellation.

3. A full Bench of this Court in CWJC No. 21202 of 2021 and analogues case has held as under:- "19. Accordingly, we answer the reference as under:- It is mandatory for a licensing authority issuing a notice under order 27(ii) to a license to mention that there is a proposal for cancellation of his license, failing which such notice cannot be treated to be a valid notice of giving sufficient opportunity to the licensee to state his case under order 27(ii) of the BTPDS Control Order."

4. Having regard to the law laid down by this Hon'ble Court in the above mentioned case, the present CWJC is allowed. The impugned order dated 26.05.2025 passed by the Sub-Divisional Officer is set aside. The matter is again remanded back to the Sub-divisional Officer (Respondent No. 3) for issuing a fresh show-cause notice to the petitioner strictly in compliance with the provisions of Rule 27(ii) of the Control Order, 2016 and also furnish a copy of the enquiry report along with the Show Cause Notice to the petitioner and call for his explanation by giving reasonable time. The authority in the

Patna High Court CWJC No.11971 of 2025(8) dt.06-04-2026 3/3 show cause notice shall specify the punishment that is proposed to be given for violation of the control order, if any.

5. On such show-cause notice being served, the petitioner shall file his explanation within the stipulated time. On receipt of the explanation submitted by the petitioner the authority concerned shall pass a reasoned orders strictly in accordance with law duly taking into consideration the explanation submitted by the petitioner.

6. It is needless to mention that before passing any orders, the petitioner shall be given an opportunity of hearing. The entire exercise shall be completed as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of this order. Any order passed shall be communicated to the petitioner.

7. With the above directions, this Writ Petition is allowed to the extent indicated above.

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