IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.5845 of 2010
1. RAJIV RANJAN S/O SRI MAHAVIR PRASAD R/O VILL.-
SONEBIGHA, P.O.- CHOBAR, P.S.- WAZIRGANJ (TANKUPA),
DISTT.- GAYA
Versus
1. THE STATE OF BIHAR
2. THE DISTRICT MAGISTRATE-CUM-COLLECTOR, GAYA
3. THE SUB DIVISIONAL OFFICER, SADAR, GAYA
4. THE BLOCK SUPPLY OFFICER TANKUPA, P.S.- WAZIRGANJ,
DISTT.- GAYA
5. THE BLOCK DEVELOPMENT OFFICER, TANKUPA, DISTT.- GAYA
with
CWJC No.6034 of 2010
1. ANANDI SINGH @ ANANDI KUMAR SINGH S/O LATE MUSAFIR
SINGH R/O VILL.- MAHIMAPUR, P.S.- WAZIRGANJ, BLOCK-
TANKUPA, DISTT.- GAYA
Versus
1. THE STATE OF BIHAR
2. THE DISTRICT MAGISTRATE-CUM-COLLECTOR GAYA
3. THE SUB DIVISIONAL OFFICER, SADAR, GAYA
4. THE BLOCK SUPPLY OFFICER, TANKUPA, P.S.- WAZIRGANJ,
DISTT.- GAYA
5. THE BLOCK DEVELOPMENT OFFICER, TANKUPA, DISTT.- GAYA
For the Petitioners:- Mr. Sidhundra Narayan Singh, Advocate
For the State:- Mr. Devendra Kumar Singh, A.A.G.-II &
Mr. Swapnil Kumar Singh, A.C. to A.A.G.-II
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03. 04.04.2011 Heard learned counsel for the petitioners and for
the State.
The petitioners are aggrieved by the suspension
of their P.D.S. license on grounds of institution of a
criminal prosecution against them under the Essential
Commodities Act.
Learned counsel for the petitioners submits that
under Clause 7 (5) of the Fair Price Shop Order 2007,
framed under the Public Distribution System (Control)
Order 2001, the suspension of the license can be for a
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maximum period of 90 days only. Cancellation is an
entirely different issue and in absence of which the
petitioners are entitled to resumption of supply. He
submits that there is no separate provision for exclusion of
the period for which a criminal case may be pending under
the Essential Commodities Act in calculating this period of
90 days.
The Court finds it difficult to uphold the
submission on behalf of the petitioners. From the scheme
of Clause 7, it is apparent that a license may be suspended
or cancelled by a written order under Clause 7 (2). Clause
7 (3) provides a separate ground for suspension of a license
on institution of a criminal case under the Essential
Commodities Act. Clause 7 (4) obviously has to be read
down as limited in its applicability to Clause 7 (2). If the
grounds for suspension and cancellation are other than a
criminal case, a show cause notice is mandatory. If the
suspension is on account of institution of a criminal case
in exercise of powers under Clause 7 (3), no prior show
cause notice is necessary. The suspension under Clause 7
(3) shall continue till the continuance of the criminal
process. If what learned counsel for the petitioners
contends be correct, there shall be a direct clash between
the Clause 7 (3) and Clause 7(5) rendering Clause 7 (3)
completely nugatory.
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The principles of interpretation mandate a
harmonious reading rather than a stultifying interpretation
rendering one statutory provision in effective.
The court finds no merit in this application. It is
accordingly dismissed.
P.K ( Navin Sinha, J.)
