Rambadan Singh vs The State Of Bihar & Ors on 14 July, 2011

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CWJC No.14237 of 2010
                                Rambadan Singh
                                    Versus
                           The State Of Bihar & Ors
                                 -----------

2. 14.7.2011. Mr. N.K.Agrawal, learned Senior Counsel

appearing on behalf of the petitioner and Mr.

Deepak Kumar, learned Assisting Counsel to G.P.I

for the State are present.

The petitioner questions the order dated

19.7.2008, whereby the licence of the petitioner

under the Public Distribution Control Order, 2001

(hereinafter referred to ‘the Order’) as notified

under G.S.R.No.01 dated 20.2.2007 by the State of

Bihar, was suspended. The petitioner also

questions the order dated 24.7.2010 passed by the

Sub divisional Officer-cum-Licensing Authority,

Gaya whereby the licence of the petitioner has

subsequently been cancelled, inter alia, on

grounds of institution of Vigilance Case No.39 of

2008.

Learned counsel for the petitioner makes a

very short submission that whereas the order of

suspension exhausted itself in terms of the

provisions of Clause 7(v) of the order upon

expiry of 90 days, the cancellation also is not

sustainable in view of the statutory provisions
2

of Clause 7 (iii) of the Order, which mandates

that the licence of the petitioner can only be

cancelled on the institution of a first

information report provided it is in respect of

an offence punishable for contravention of the

order issued under the provisions of the

Essential Commodities Act. Learned counsel, with

reference to the first information report present

at Annexure-1, submits that apparently, the case

against the petitioner has been instituted under

the provisions of the Penal Code and not for

violation of any order issued under section 3 of

the Essential Commodities Act. Learned counsel in

this regard relies upon an order of this court

passed in C.W.J.C.No.18692 of 2010 dated

30.11.2010 (Ramchandra Paswan Vs. The State of

Bihar and another).

Let a counter affidavit be filed by the

State in response to the issues as noted

hereinabove and which would be filed within a

period of four weeks from today.

As prayed, put up on 11.8.2011 retaining

its position.

ahk
(Jyoti Saran, J.)