Naresh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15242 of 2025 ====================================================== Naresh Das S/o Late Ram Das, Resident of Village- Goitha, P.S. and AnchalBankey Bazar, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Food and Civil Supplies, Bihar, Patna.

2.

The District Magistrate, Gaya.

3.

The District Supply Officer, Gaya.

4.

The Sub Divisional Officer, Sherghati, Gaya.

5.

The Block Supply Officer, Bankey Bazar, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudhir Kumar Sinha, Adv.

For the Respondent/s :

Mr. Government Advocate (2) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 28-01-2026 Heard learned counsel for the parties.

2. The present Writ Petition has been filled for the following reliefs:- "(i) To issue an appropriate order/s, direction/s including a writ preferably in the nature of CERTIORARI for quashing of the order dated 02-01-2025 as contained in Memo No. 01 Aa, Sherghati, dated 02-01-2025 issued by the learned S.D.O. Sherghati, Gaya (Hereinafter referred to as Licensing Authority under the Bihar Targeted Public Distribution System (Control) order 2016) whereby and where under he has cancel the fair price shop license of the petitioner for committing illegality and irregularity in distribution of food grains

Patna High Court CWJC No.15242 of 2025(3) dt.28-01-2026 2/3 amongst to the consumers.

(ii) To direct the respondent NO. 04 the S.D.O., Sherghati, Gaya to restore the P.D.S. dealership license of the petitioner henceforth with taking into the consideration that the same is only means of earning livelihood."

3. Learned counsel for the petitioner submits that the solitary ground given in the show cause notice for cancelling the PDS licence of the petitioner was that an First Information Report (F.I.R.) bearing Roshanganj (Bankebazar) P.S. Case No. 26 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 High Court CWJC No.15242 of 2025(3) dt.28-01-2026 3/3 Patna 113 as well.

6. In view of the above, the impugned order dated 02.01.2025 (Annexure-5) is hereby quashed and set aside.

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) Gauravkr/- U