Ashok Kumar vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11188 of 2022
CNR No. BRHC010594982022
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Ashok Kumar Son of Late Mahajan Sah, Resident of Village, P.O. and P.S.-
Kopa, District-Saran at Chapra.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Consumer and Food Protection Department,
Government of Bihar, Patna.
3. The Divisional Commissioner, Saran Division, Chapra.
4. The District Magistrate, Saran at Chapra, District-Saran at Chapra,
5. The Sub-Divisional Officer, Sadar Chapra, District-Saran at Chapra,
6. The Block Supply Officer, Jalalpur, District-Saran at Chapra,
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. S.B.K. Magalam, advocate
For the Respondent/s : Mr. Arvind Ujjwal ( SC 11 )
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 28-10-2026
1. The Writ petition has been filed for the
following reliefs:
(i) For issuance of an
appropriate writ in the nature of
CERTIORARI for quashing the order
dated 07.11.2020 passed by the
Respondent no.5 and contained in his
memo no. 5851 dated 07.11.2020,
whereby and where under the
Respondent no.5 was pleased to cancel
the license of the petitioner for running
a fair price shop under the Bihar
Targeted Public Distribution System
(Control) Order, 2016 (hereinafter
referred to as Control Order, 2016 )on

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the ground that the impugned order
was passed by the Respondent no.5 on
a ground for which no notice was issued
to the petitioner.
(ii) For issuance of an
appropriate writ in the nature of
MANDAMUS,commanding and directing
the Respondent Authorities for
reinstatement of petitioner's license
with immediate effect and supply the
essential commodities for consumers
associated with the petitioner's shop
without any delay.
(iii) For issuance any other
appropriate writ/writs,order/orders,
direction/directions for which the writ
petitioner would be found entitled
under the facts and circumstances of
the case.
2. The brief facts, as culled out from the
Writ petition, are that the petitioner is a licensee of
a fair price shop under the Public Distribution
System and during his forty years of service, no
complaint was made against him. His licence was
renewed from time to time. Thereafter, a complaint
was made by one Akhtari Begum, allegedly at the
instigation of the Mukhiya, stating that she had not
been provided free foodgrains for the last three
months. On the basis of the said complaint,
respondent No. 6 visited the petitioner's shop for

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verification and submitted a report against the
petitioner to respondent No. 5. On the basis of the
said report, a show-cause notice was issued to the
petitioner vide Memo No. 5117 dated 24.08.2020,
to which the petitioner submitted his reply on
04.09.2020. However, respondent No. 5 cancelled
the petitioner's fair price shop licence.
3. It is the specific contention of the
Learned counsel for the petitioner that the
petitioner preferred an appeal i.e., Supply Appeal
No. 77 of 2020 before respondent No. 4/District
Magistrate, Saran at Chapra, and the same has
been pending since 2020. It is further contended
that the allegation made by the complainant,
Akhtari Begum, was not the sole ground for
cancellation of the licence, as additional charges
were also made against the petitioner for which no
show-cause notice has been issued.
4. Heard the Learned counsel for the
petitioner as well as the Learned counsel for the
respondents.
5. Taking into consideration the fact that

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the appeal preferred by the petitioner has been
pending before respondent No. 4 since 2020, this
Court directs the concerned authority to pass an
appropriate order in the said appeal within a period
of two months from the date of receipt/production
of a copy of this order, after providing an
opportunity of hearing to the petitioner. The
petitioner shall raise all his grounds before the
concerned authority. The concerned authority shall
also consider the petitioner's contention as to who
nine charges levelled against him and as to why
show-cause notices were not issued to the
petitioner in respect of those charges.
6. With the aforesaid observations and
directions, the Writ petition stands disposed of.
7. Interlocutory Application(s), if any, shall
also stands disposed of.

(G. Anupama Chakravarthy, J)
Amandeep /-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 28.10.2026
Transmission Date