Anandi Singh @ Anandi Kumar Si vs The State Of Bihar &Amp; Ors on 5 April, 2011

Patna High Court – Orders
Anandi Singh @ Anandi Kumar Si vs The State Of Bihar &Amp; Ors on 5 April, 2011
                     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
                                              -----------

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
2

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.

3

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.)
 

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