Jagdish Ray vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11797 of 2026
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Jagdish Ray Son of Late Ramnandan Ray, Residing at of Kaswa Ginjas, P.S.-
Saraiya, District- Muzaffarpur, Bihar, Pin- 843123.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Food and Civil Supply
Department, Govt. of Bihar, Patna.
2. The District Magistrate, Muzaffarpur, Bihar.
3. The Sub-Divisional Officer, West Muzaffarpur, District- Muzaffarpur, Bihar.
4. The Block Supply Officer, West Muzaffarpur, District- Muzaffarpur, Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Vijay Kumar Singh, Advocate
For the Respondent/s : Mr.Standing Counsel (04)
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CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR
ORAL JUDGMENT
Date : 31-08-2026
Heard learned counsel for the parties.
2. With the consent of both the parties, this writ
application is being disposed of at the stage of ‘Admission’
itself.
3. In the present writ application, the petitioner has
prayed for the grant of following relief/s:-
“i. For Issue an appropriate writ, order or
direction, particularly in the nature of certiorari, for
quashing the order contained in Memo No. 1344 dated
22.11.2018 passed by the respondent Sub-Divisional
Officer, West Muzaffarpur, Muzaffarpur, whereby the
PDS License of the petitioner bearing License No.
23040012/16 dated 17.08.2016 has been cancelled
without supplying the copy of enquiry report to the

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petitioner and without any consideration to the show
cause reply and also without granting any opportunity of
heard in complete violation of Principle of Natural
Justice;
ii. For issuance of writ in the nature of
declaration holding that the entire process of
cancellation of PDS license of petitioner is wholly
illegal, arbitrary and without jurisdiction and has been
taken in complete violation of Principle of Natural
Justice and without assigning any reason and
consideration of show cause reply;
iii. For Issue an appropriate writ, order or
direction commanding the respondents to restore/revive
the PDS License No. 23040012/16 dated 17.08.2016 of
the petitioner and resume the supply of food grains with
immediate effect;
iv. In the alternative, direct the competent
respondent authority to reconsider the matter afresh after
supplying the petitioner with the complete inspection
report and all relied-upon documents and after granting
a proper and effective opportunity of hearing;
v. During the pendency of the present writ
petition, restrain the respondents from taking any
coercive or adverse action against the petitioner
pursuant to the impugned order dated 22.11.2018
vi. Grant any other relief or reliefs to which the
petitioner may be found entitled in the facts and
circumstances of the case; and
vii. Award the cost of the present proceeding in
favour of the petitioner.”
4. During the course of argument, learned counsel for
the petitioner submits that the petitioner may be permitted to file
a representation before the respondent no. 2 i.e., District

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Magistrate, Muzaffarpur, Bihar, and an appropriate direction
may be issued to dispose of the same within a fixed time frame,
after giving an opportunity of hearing to the petitioner.
5. To the aforesaid prayer being made by learned
counsel for the petitioner, learned counsel appearing for
respondents does not have any objection.
6. Considering the limited nature of prayer being made
by learned counsel for the petitioner, this writ application is
disposed of granting liberty to the petitioner to file a
representation/application before the respondent no. 2 i.e.,
District Magistrate, Muzaffarpur, Bihar, within 15 days from the
date of receipt of this order, and if such a
representation/application is filed within the stipulated time then
the respondent no. 2 i.e., District Magistrate, Muzaffarpur,
Bihar, is directed to dispose of the same within a period of three
months from the date of receipt of such
representation/application, after giving an opportunity of
hearing to the petitioner.
7. Needless to emphasize that the final order which
shall be passed by the respondent no. 2 , should be a reasoned and
speaking order.
8. This Court has not expressed any opinion on the merit
of the case including maintainability of the writ

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application.
9. With the aforesaid observation/direction and liberty
granted, this writ application is disposed of.
10. All pending interlocutory application(s), if any,
shall stand disposed of.

(Girijish Kumar, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 31.08.2026
Transmission Date NA