IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.12776 of 2008
Sanjay Kumar, son of Sri Narsingh Sah,
Resident of Village-Pratap Patti, P.O.-Karnaul, P.S. and Block-
Sahebganj, District-Muzaffarpur.
........ Petitioner.
Versus
1. The State of Bihar.
2. The District Magistrate, Muzaffarpur.
3. The Sub-Divisional Officer, West Muzaffarpur, District-
Muzaffarpur.
4. The Block Supply Officer, Sahebganj, District-Muzaffarpur.
..... Respondents.
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For the petitioner : Mr. Rakesh Ranjan, Advocate.
For the respondents-State : Mr. Ravi Shankar, A.C. to G.P.7.
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02/ 23.11.2010 Heard learned counsel for the petitioner and learned
counsel for the respondents-State of Bihar and its authorities.
2. Petitioner is aggrieved by order dated 18.04.2007
(Annexure-6) by which Sub-Divisional Officer, West Muzaffarpur
(respondent no.3) suspended his fair price shop licence no.02 of
1992 under Public Distribution System and also for direction to
the respondents-authorities to revoke the suspension of the said
licence and for other ancillary reliefs.
3. It is an admitted fact that there has been a criminal
case against the petitioner for offences punishable under Section 7
of the Essential Commodities Act, 1955 in which the petitioner
has been released on anticipatory bail. Learned counsel for the
petitioner submits that informant had also stated on affidavit that
he had made no statement in that regard at all.
4. However, a criminal case under the aforesaid Act is
pending against the petitioner and until it is disposed of, the
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suspension cannot be revoked under the provision of Clause 7(iii)
of the Govt. of Bihar, Food Supply and Commerce Department
Public Distribution System (Control) Order, 2001, notified vide
G.S.R. No.01 dated 20.02.2007.
5. In the aforesaid facts and circumstances, this writ
petition is disposed of with a liberty to the petitioner to approach
the appropriate authority for revocation of suspension of his
licence immediately after the criminal case is over.
(S. N. Hussain, J.)
Sunil