Fair-Price Shop Dealer’s Appeal Pending Since 2020: Patna HC Orders Decision Within 2 Months, Including His Claim Of 9 Charges Without Notice

The petitioner held a fair-price-shop licence under the Bihar Targeted Public Distribution System (Control) Order, 2016. Following a complaint that a consumer had not received free foodgrains, the Block Supply Officer inspected the shop and submitted a report. The Sub-Divisional Officer issued a show-cause notice, received the petitioner’s reply, and cancelled the licence by order dated 7 November 2020.

The petitioner appealed to the District Magistrate in Supply Appeal No. 77 of 2020, which remained pending. He contended that additional charges relied on for cancellation had not been included in the show-cause notice.

The licence was governed by the Bihar Targeted Public Distribution System (Control) Order, 2016, as identified in the relief sought.

The Court did not interpret a specific provision of that Order or cite any precedent.

The Court noted that the petitioner’s appeal had been pending before the District Magistrate since 2020. Rather than adjudicating the legality of the cancellation order in the writ proceeding, it directed the appellate authority to decide the appeal within a fixed period after hearing the petitioner.

The authority was specifically required to consider the petitioner’s contention regarding the charges and the absence of show-cause notice in respect of them.

The petitioner was permitted to raise all grounds before the appellate authority, which was directed to consider the contention concerning charges for which no show-cause notice was issued.