Mohammad Zakir Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12154 of 2024 ====================================================== Mohammad Zakir Hussain Son of Abdul Hamid, Resident of VillageBagmali, P.S.- Hajipur, District- Vaishali. ... ... Petitioner/s

Versus

1.

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

The District Magistrate, District- Vaishali.

3.

The Sub- Divisional Officer, Hajipur, District- Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Gaurav, Advocate For the Respondent/s :

Mr. Government Pleader (11) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 30-09-2024 Heard the parties.

2. The present writ petition has been filed for grant of the following reliefs:- "For issuance of an appropriate writ, order and diretion for quashing and setting aside order passed by the Sub Divisional Officer, Hajipur vide memo No. 17 dated 28.02.2024 whereby and whereunder license of the petitioner's P.D.S. Shop bearing license no. 42/2016 has early been suspended with immediate effect only on the ground that a F.I.R. has been lodged against the petitioner and subsequently to that license and agreement of the petitioner has been cancelled and further may kindly be directed to the licensing authority to restore the petitioner's license and consumers of the petitioner's shop like before and to make the allotment for the same as before."

Patna High Court CWJC No.12154 of 2024(2) dt.30-09-2024 2/3

3. Learned counsel for the petitioner submits that the solitary ground given in the show cause notice dated 01.11.2023 vide Memo No. 975 for cancelling the PDS licence of the petitioner was that a First Information Report (F.I.R.) bearing Vaishali Sadar P.S. Case No. 955 of 2023 had been instituted against the petitioner. Similarly, the impugned order has been passed on the sole ground of institution of the aforesaid F.I.R. 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 28.02.2024 (Annexure P/1) passed by the SDO, Hajipur is hereby set aside.

Patna High Court CWJC No.12154 of 2024(2) dt.30-09-2024 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) Ankit Kumar/- U