Abdus Salam vs The State Of Bihar &Amp; Ors on 2 December, 2010

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CWJC No.16430 of 2010
                                  ABDUS SALAM .
                                       Versus
                           THE STATE OF BIHAR & ORS .
                                     -----------

2. 2.12.2010 Heard learned counsel for the petitioner and

the State.

The petitioner is aggrieved by the

suspension of his P.D.S. licence on 29.7.2010 and

continuation thereof despite recommendation for

revocation dated 31.8.2010.

Learned counsel for the State very fairly

acknowledges that if the licence has not been

cancelled, it stands revoked automatically under Rule

7(5) of the Bihar Fair Price Shop Order, 2007

(hereinafter referred to as the ‘Order’).

If that be the correct position, the

suspension of the petitioner stands revoked by

operation of law on expiry of 90 days from the date of

suspension and the petitioner is held entitled to

resumption of supply.

The writ application stands allowed.

P. Kumar                                           ( Navin Sinha, J.)