IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.13820 of 2010
Sugriv Das, son of Late Atwari Das, resident of Village-Makhna, P.O.-
Baluachak Puraini, P.S.- Jagdishpur, District-Bhagalpur.
.......Petitioner.
Versus
1. The State of Bihar through the Secretary Food and Consumer
Protection Department, Old Secretariat, Patna.
2. The Sub-Divisional Officer, Sadar Bhagalpur, District-Bhagalpur.
....Respondents.
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02/ 26.08.2010 Heard learned counsel for the petitioner and learned
counsel for the State and its authorities. This writ petition is being
finally heard and decided at this stage at the instance of learned
counsel for the parties.
2. This writ petition has been filed by the petitioner
against the order of suspension of his Fair Price Shop Licence
bearing no.03 of 1996 passed by the Sub-Divisional Officer, Sadar,
Bhagalpur (respondent no.2) vide memo no.238 dated 08.03.2010
(Annexure-1).
3. Grievance of the petitioner is that respondents-
authorities are continuing the suspension of his licence beyond the
period of ninety days.
4. Although learned counsel for the respondents
vehemently opposes the contention of learned counsel for the
petitioner, but law is very clear in this regard. Clause 7 of the
Government of Bihar, Food Supply & Commerce Department
Public Distribution System (Control) Order, 2001, notified vide
G.S.R.1 dated 20.02.2007 ( hereinafter referred to as `the Bihar
Control Order of 2001′ for the sake of brevity ) specifically
-2-
provides that suspension is a punishment and it cannot exceed
ninety days. Earlier also Sub-clause (ii) of Clause 11 of the Bihar
Trade Articles (Licences Unification) Order, 1984 (hereinafter
referred to as `the Bihar Licensing Order of 1984′ for the sake of
brevity ) provided that the licence can be suspended for a period
not exceeding ninety days and this matter has been settled by a
plethora of decisions of this Court including the judgment in case
of M/s Yugal Kishore Rastogi vs. The State of Bihar, reported in
1988 PLJR 571 as well as the decision of this Court in case of
Pradhuman Chaudhary vs. The State of Bihar & Ors. (C.W.J.C.
No. 6966 of 2008 and other cases) decided on 14.07.2010.
5. In the said circumstances, this writ petition is
allowed with a direction/observation that the order passed by the
respondent-authority suspending licence of the petitioner would be
limited to ninety days only from the date of suspension, whereafter
the order of suspension of the licence of the petitioner would cease
to have any legal effect.
(S. N. Hussain, J.)
Sunil