Sunita Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13232 of 2018 ====================================================== Sunita Devi Wife of Late Uday Rai, Resident of Village and P.O.- Purana Panapur, P.S.- Akilpur, District- Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Collector, Patna, District- Patna.

3.

The Sub- Divisional Officer, Danapur, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Kumar Labh For the Respondent/s :

Mr. Arvind Ujjwal- Sc4 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 25-01-2024 Heard the learned counsel for the parties.

The present writ petition has been filed for the following reliefs:- "A. cetiorari for quashing and setting aside the order passed by the SubDivisional Officer, Danapur vide Memo No.- 1174 dated 28/10/2016 whereby and whereunder license of the petitioner's Fair Price Shop bearing No. 66/16 has been cancelled contained in Annexure-1.

B. A mandamus commanding the Respondents to restore the petitioner's license as before and to make allotment for the petitioner's shop.

C. Any other relief or reliefs for which petitioner may be found entitled in the fact and circumstances of the present case may be granted to him."

3. Learned counsel for the petitioner submits that the solitary ground given in the show cause notice dated 17.10.2016 vide Memo No. 1122 for cancelling the PDS licence of the

Patna High Court CWJC No.13232 of 2018(3) dt.25-01-2024 2/3 petitioner was that a First Information Report (F.I.R.) bearing Akilpur P.S. Case No. 42 of 2016 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 28.10.2016 (Annexure-1) is hereby quashed.

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

Patna High Court CWJC No.13232 of 2018(3) dt.25-01-2024 3/3 him, thereafter, the authorities are free to take necessary action in accordance with law.

9. With the above directions, the present Writ Petition stands allowed to the extent indicated.

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