Patna High Court
Chandradeo Prasad vs The State Of Bihar And Ors on 25 March, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18960 of 2017
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Chandradeo Prasad Son of Late Sita Ram Singh, resident of Vilage-
Kharjawa, P.S.- Masaurhi, District- Patna Bihar.
... ... Petitioner/s
Versus
1. The State Of Bihar through Principal Secretary, Department of Food and
Consumer Protection, Government of Bihar, Patna
2. The Principal Secretary, Department of Food and Consumer Protection,
Government of Bihar, Patna.
3. The District Magistrate, Patna.
4. The Commissioner, Patna Division, Patna.
5. The Sub-Divisional Officer, Officer, Masaurhi.
6. The Block Supply Officer, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Anand Kumar Ojha, Sr. Advocate
For the Respondent/s : Mr. Sanjay Kumar Giri -GP 9
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 25-03-2025
1. The petitioner has filed the Writ petition
for the following reliefs:
"That the Petitioner in the instant
writ application prays for quashing
of the notice under Memo No. 275
dated 23.09.2014, the Order of the
cancellation of Public Distribution
System License No. 71/2007 as
contained in Memo No. 305 dated
31.10.2014
, the Appellate Order
dated 11.08.2016 passed by the
Collector, Patna in E.C. Appeal Case
Patna High Court CWJC No.18960 of 2017 dt.25-03-2025
No. 59/2014 and the Order dated
11.07.2017 passed in Rev. Case
No. 175/2016 on the ground that
all the authorities ignored the law
laid down by the Hon'ble High
Court, Patna for the cases of one
day closure and the violation of
natural justice evident from the
biased and motivated complaint of
one Ravindra Prasad against whom
the family of the Petitioner has
amenity with the said Ravindra
Kumar against whom the Criminal
Case bearing Masaurhi P.S. Case
No. 81/2011 dated 20.06.2011 are
lodged. All the orders are illegal or
without jurisdiction and are liable
to be set aside."
2. The brief facts culled out of the
petition are that the petitioner was a PDS dealer
under the Village Panchayat Rewa, Block Masaurhi,
District Patna, holding PDS License No. 71/07. The
petitioner's PDS license was cancelled on
31.10.2014, on the grounds that the shop was
found closed, during a spot inspection conducted
on 18.09.2014. The petitioner has submitted that
Patna High Court CWJC No.18960 of 2017 dt.25-03-2025
the shop was closed due to his illness, as he had
gone to Hajipur for treatment.
3. It is further submitted by the
petitioner that one Ravindra Kumar, along with
other beneficiaries, lodged a complaint against the
petitioner before the Sub-Divisional Officer,
Masaurhi, alleging that the petitioner had delayed/
failed to distribute goods and had charged
consumers higher rates. The petitioner has further
submitted that the complainant had enmity with
him and, with mala fide intention, filed the
complaint. A show cause notice was issued to the
petitioner, for which he submitted a reply, stating
that the complaint was fabricated and malicious.
He denied all charges, and explained the reason
for the closure of the shop, on the date of
inspection. However, the Sub-Divisional Officer
cancelled the petitioner's PDS license vide Memo
No. 305 dated 31.10.2014.
4. It is submitted by the Learned Senior
counsel for the petitioner that, thereafter, the
petitioner filed Appeal Case No. 59 of 2014-15
Patna High Court CWJC No.18960 of 2017 dt.25-03-2025
before the Appellate Authority-cum-Collector,
Patna, challenging the cancellation order dated
31.10.2014. The petitioner has submitted that the
Appellate Authority, without considering the facts,
circumstances, and submissions made by the
petitioner, rejected the appeal by an order dated
11.08.2016 (Annexure-4). Subsequently, the
petitioner filed Revision Case No. 175 of 2016,
before the Divisional Commissioner, Patna, but the
Revisional Authority rejected the revision by an
order dated 11.07.2017 (Annexure-5). Aggrieved
by the said orders, the present Writ petition was
filed.
5. A counter affidavit was filed by the
respondents, supporting the cancellation order
passed by the Sub-Divisional Officer, as well as the
orders of the Appellate Authority and the
Revisional Authority. To support their contention,
the respondents have relied on a judgment dated
29.05.2019, passed by a Single Bench in CWJC No.
4112 of 2019..
6. Heard Sri Anand Kumar Ojha, the
Patna High Court CWJC No.18960 of 2017 dt.25-03-2025
Learned Senior counsel for the petitioner as well
as the Learned counsel for the State.
7. At this juncture, the Learned Senior
Counsel for the petitioner draws the attention of
this Court to the judgment passed by a Division
Bench of this Court in CWJC No. 10213 of 2013
(Turant Lal Paswan Vs. The State of Bihar &
Ors.) (Annexure-6). The Learned Senior Counsel
contends that this matter is squarely covered by
the judgment passed by this Court in Turant Lal
Paswan (supra). Therefore, it is prayed that this
writ petition may be disposed of on the same
terms and conditions.
8. The Learned Counsel for the
respondents, agreeing with the judgment passed
by Division Bench of this Court in Turant Lal
Paswan (supra), submits that this matter may
be disposed of on the same terms and conditions
as outlined in the aforesaid judgment.
9. I have perused the order passed in
Turant Lal Paswan (supra). For better
appreciation of the facts, relevant portion thereof
Patna High Court CWJC No.18960 of 2017 dt.25-03-2025
is quoted hereinbelow:
"The petition is contested
by the State Government. A counter
affidavit has been filed. The affidavit
on record does not disclose any
untoward incidence in the past. The
show cause notice was issued on 15th
January 2010 in respect of as many as
eight allegations made against the
petitioner. However, only on one
allegation of closing the shop on 15th
January 2010 the order of cancellation
of licence has been made.
We find that admittedly
the petitioner did close the shop on
the particular day. Though, the action
of keeping the shop closed on one
particular day was in breach of the
terms and conditions of the licence
and may not be justified, was not
such grave violation that would entail
cancellation of licence.
For the aforesaid reasons,
this writ application is allowed. Order
dated 26th April 2010 made by the
Sub-divisional Officer, Sadar,
Darbhanga is quashed and set aside.
The legal consequences shall follow."
Patna High Court CWJC No.18960 of 2017 dt.25-03-2025
10. In view of the fact that this matter
is squarely covered by the aforesaid judgment, the
Writ petition is allowed in light of the judgment
passed in Turant Lal Paswan (supra), and the
impugned orders dated 31.10.2014 (Annexure-3),
11.08.2016 (Annexure-4) and 11.07.2017
(Annexure-5) are, hereby, quashed. The legal
consequences shall follow.
11. Interlocutory Application(s), if any,
shall stand disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 27.03.2025
Transmission Date
