Prem Singh vs The State Of Bihar
2021 Latest Caselaw 3712 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.8262 of 2020
     ======================================================

Prem Singh S/o Mung Lal Singh Resident of Village- Ajda, P.S.- Paliganj, District- Patna.

... ... Petitioner Versus

1. The State of Bihar Through the Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

2. The District Magistrate Patna.

3. The Sub Divisional Officer Patna.

4. The Block Supply Officer Paliganj, Patna.

... ... Respondents ====================================================== Appearance :

     For the Petitioner     :         Mr. Amarnath Singh, Advocate with
                            :         Mr. Binay Kumar
     For the Respondents    :         Mr. Arvind Ujjwal (SC 4)

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date : 27-07-2021

This matter has been taken up for hearing online because

of COVID-19 pandemic restrictions.

2. The petitioner has put to challenge an order dated

19.01.2019 passed by the Sub-Divisional Officer-cum-Licensing

Authority, Patna, whereby the petitioner's license to run a PDS

shop under Bihar Targeted Public Distribution System (Control)

Order, 2016 (hereinafter referred to as the BTPDS (Control) Order,

2016) has been cancelled. Indisputably, the petitioner had remedy

of appeal against the said order, which he has not availed nor any

inclination has been shown during the course of hearing of this

case to avail the said alternative remedy.

Patna High Court CWJC No.8262 of 2020 dt.27-07-2021

3. The license to run a PDS shop was granted to the

petitioner in 2016. During the course of inspection conducted by

the Block Supply Officer, Paliganj on 16.10.2018 of the

petitioner's shop, certain irregularities were detected and

accordingly a report was submitted by him to the licensing

authority pointing out following irregularities:-

i) No register was produced by the petitioner during the course of inspection.

ii) The petitioner was found to have lifted food grains for distribution among the beneficiaries on 11.10.2018, for the month of October but it was found that till the date of inspection on 16.10.2018, no food grain was distributed.

iii) On perusal of the Ration Cards of the beneficiaries it was noticed that the entries were made even in respect of December, 2018 which were apparently fake.

iv) The petitioner would not issue cash memos to the beneficiaries.

v) The list of beneficiaries was not displayed at proper place.

4. The petitioner informed the Block Supply Officer,

Paliganj that the food grain for the month of October, 2018 had

already been distributed but no document was shown in support

thereof.

5. Taking into account the irregularities reported by the

Block Supply Officer, the Sub-Divisional Officer, Paliganj put the

petitioner on show cause notice vide Memo No. 476 dated

20.08.2018 asking the petitioner to show cause as to why his Patna High Court CWJC No.8262 of 2020 dt.27-07-2021

license be cancelled as the said irregularities were in breach of

Clause 14 (viii), 14 (xi) of the BTPDS (Control) Order, 2016. The

petitioner filed his reply on 28.12.2018, a copy of which has been

brought on record by way of Annexure-2 to the writ application.

6. From the opening paragraph of the said reply it appears

that the petitioner admitted that on the date of inspection, i.e.,

16.10.2020, because of Dussehra Puja, no consumer had come to

the shop though distribution of food grains was made for two

hours in the morning. In respect of not furnishing the distribution

registers and other registers, he disclosed that they were kept

under lock and key in an almirah and the key was with the brother

of the petitioner, who had gone to visit Dussehra celebrations. The

show cause itself disclosed that the petitioner had failed to

produce before the inspecting authority the registers which he was

required to maintain. Further, though he denied incorrect entry in

the ration cards, but, at the same time, he admitted that because of

human error wrong entries might have been made in some of the

ration cards. He also stated that the list of consumers was placed

there inside the shop which might have gone unnoticed by the

inspecting authority. In relation to the complaint about non-

distribution of food grains, the petitioner took a plea that other

members of the family of such complainants had obtained food Patna High Court CWJC No.8262 of 2020 dt.27-07-2021

grains and other materials and because the complainants did not

have the knowledge about the same, allegation of non-distribution

of food grains was made.

7. The licensing authority by an order dated 05.12.2018

cancelled the petitioner's license. The petitioner approached this

Court by filing a writ petition giving rise to C.W.J.C. No. 2848 of

2019, which was allowed by an order dated 18.06.2019 mainly on

the ground that the licensing authority did not deal specifically

with the stand of the petitioner while rejecting his show cause

reply and passing the order of cancellation. This Court by the

aforesaid order remanded the matter back to the licensing

authority to reconsider the entire matter afresh on the basis of

materials on record. The Court further observed that the grounds

set forth by the petitioner in his show cause shall be duly

considered with reference to the materials which may be produced

by him. The whole exercise shall be completed within a period of

three months from the date of receipt/production of a copy of the

said order, the Court said.

8. In compliance of the said order dated 18.06.2019, the

licensing authority has passed the impugned order dated

19.10.2019.

Patna High Court CWJC No.8262 of 2020 dt.27-07-2021

9. Mr. Amarnath Singh, learned counsel appearing on

behalf of the petitioner has made two fold submissions. He has

submitted that as was done previously, this time also the licensing

authority has cancelled the license without recording cogent

reasons. He has accordingly submitted that the impugned order

being non-speaking requires interference. In support of this

contention, he has relied on decisions of coordinate Bench of this

Court vide order dated 25.03.2021 passed in C.W.J.C. No. 26343

of 2019 and order dated 28.11.2019 passed in C.W.J.C. No. 23379

of 2019. He has secondly submitted that the licensing authority,

while passing the impugned order dated 19.08.2019, has

maintained the previous order of cancellation of license dated

16.12.2018, which was quashed by this Court by order dated

18.06.2019 passed in C.W.J.C. No. 2848 of 2019.

10. I must note here, at the cost of repetition, that when

it was pointed out to learned counsel representing the petitioner

that the petitioner could have availed the remedy of appeal before

approaching this Court, he has contended that there was no such

requirement, the impugned order itself being non-speaking and

unreasoned.

11. I have carefully perused the impugned order. I am of

the view that the impugned order cannot be said to be unreasoned Patna High Court CWJC No.8262 of 2020 dt.27-07-2021

or non-speaking. The impugned order discloses that the licensing

authority found the petitioner's explanation in his show cause to be

unsatisfactory and fictitious. He has further recorded a finding that

the P.D.S. dealer had made false entries in the ration cards without

distribution of the food grains amongst the beneficiaries. Such

finding was not there in the earlier order dated 05.12.2018. After

having recorded the said finding, the licensing authority has taken

the decision to cancel the petitioner's license.

12. After having noticed that the impugned order cannot

be said to be so unreasoned as to require this Court's interference

under Article 226 of the Constitution of India, I could have

dismissed this writ application as not maintainable on the ground

of availability of alternative remedy, which the petitioner refused

to invoke before approaching this Court by filing the present writ

application. However, I have considered it apt to look into the

nature of explanation submitted by the petitioner in response to the

show cause notice so as to examine the tenability of the

petitioner's challenge to the impugned order of cancellation of

license. It has already been noted hereinabove that admittedly the

petitioner did not produce the books and records relating to the

allotments and distribution of food grains and other commodities

as directed by the inspecting authority. His defence, in the show Patna High Court CWJC No.8262 of 2020 dt.27-07-2021

cause reply, that all such documents were under lock and key in an

almirah and the key had been taken away by his brother and,

therefore, could not be produced before the inspecting authority, to

this Court also appears to be a concocted story. This is to be noted

that the inspection was done, as is evident from Annexure-1, at

12.30 PM. Rule 15 of the BTPDS (Control) Order, 2016

prescribes the working period to be 8 AM to 2 PM from September

to February. The petitioner was, therefore, under an obligation to

keep the shop open for all purposes during the working hour

including for the purpose of inspection. Rule 14(8) of BTPDS

(Control) Order, 2016 casts a duty upon the licensee to produce the

book and records relating to allotment of food grains and other

commodities as directed by the inspecting officers. It is the

petitioner's admitted case that he had failed to produce the same.

13. Noticing an order passed by the Supreme Court in

Civil Writ No. 196 of 2001, provision has been made under Rule

25 of the BTPDS (Control) Order, 2016 for action against

licencees in certain circumstances including in case of making

false entries in B.P.L. ration cards. It has been provided in the said

Rule, following the observation of the Supreme Court, that such

lapse on the part of the P.D.S. dealers shall make themselves liable Patna High Court CWJC No.8262 of 2020 dt.27-07-2021

for cancellation of their license and the concerned authorities will

not show any laxity on the subject.

14. This is to be kept in mind that BTPDS (Control)

Order, 2016 has been issued for implementation of National Food

Security Act, 2013, which has been enacted to provide for food

and nutritional security in human life cycle approach, by ensuring

access to adequate quantity of quality food at affordable prices to

people to live a life with dignity and for matters connected

therewith or incidental thereto. Targeted Public Distribution

System (TPDS) incorporates and envisions a system for

distribution of essential commodities to the ration card holders

through fair price shops. Section 3 of the National Food Security

Act confers on the beneficiaries a statutory right to receive food

grains at subsidized price who are the persons belonging to eligible

house hold under TPDS. The Act has been evidently enacted to

protect right to life guaranteed under Article 21 of the Constitution

of India and has introduced various reforms through TDPS.

15. Such being the salutary purpose of the National

Food Security Act, 2013 and BTPDS (Control) Order, 2016, lapse

of the nature, alleged against the petitioner, could not have been

taken lightly. In the Court's opinion, provisions under the BTPDS

(Control) Order, 2016 will have to be strictly enforced for proper Patna High Court CWJC No.8262 of 2020 dt.27-07-2021

and effective implementation of the National Food Security Act,

2013.

16. In my opinion, the decision to cancel the petitioner's

license in the background of the facts noticed above does not

require interference by this Court exercising equitable writ

jurisdiction under Article 226 of the Constitution of India.

17. This writ application is accordingly dismissed.

18. There shall, however, be no order as to cost.

(Chakradhari Sharan Singh, J)

Pawan/Akash-

AFR/NAFR                       NAFR
CAV DATE                        N/A
Uploading Date              01.08.2021.
Transmission Date               N/A