IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15886 of 2009 1. RAMESHWAR PRASAD S/O LATE JAGDISH RAM R/O MOHALLA (VILLAGE)- KADIRGANJ, P.S.- NAWADAH, DISTT.- NAWADAH 2. SHEO KUMAR PRASAD S/O SRI ISHWAR LAL SAO R/O MOHALLA (VILLAGE)- KADIRGANJ, P.S.- NAWADAH, DISTT.- NAWADAH 3. VIJAY KUMAR S/O LATE JAGDISH RAM R/O MOHALLA (VILLAGE)- KADIRGANJ, P.S.- NAWADAH, DISTT.- NAWADAH Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPTT. OF FOOD & CIVIL SUPPLIES, GOVT. OF BIHAR, PATNA 2. THE DISTRICT MAGISTRATE, NAWADAH 3. THE DISTRICT SUPPLY OFFICER, NAWADAH 4. THE BLOCK SUPPLY OFFICER, NAWADAH For the petitioners : Mr. Arun Kumar, Advocate For the State : Mr. S.Rahman, Asstt. Counsel to GA-IX ----------- 2 05.08.2010 Learned counsel for the petitioners seeks permission to add Sub-Divisional Officer-Cum-Licencing Authority, Nawadah as Respondent no. 5 to the writ petition. Prayer is allowed. Let Sub-Divisional Officer-Cum-Licencing Authority, Nawadah be added as Respondent no. 5. Heard learned counsel for the petitioners and learned counsel for the State. This writ petition has been filed by the petitioners against the orders of suspension of their respective licences for running Fair Price Shops. Grievance of the petitioners is that respondents-authorities are continuing the suspension of their respective licences beyond the period of ninety days. - 2 - Although learned counsel for the respondents vehemently opposes the contention of learned counsel for the petitioners, 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 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 (Licensing Unification0 order, 1984(hereinafter referred to as ‘the Bihar Licensing Order of 1984’ for the sake of brevity) provide 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. In the said circumstances, this writ petition is allowed with a direction/observation that the orders of respondents-authorities concerned suspending respective licences of the petitioners would be limited to ninety days only from the date of suspension, whereafter the respective orders of suspension of the licences of the petitioners would cease to have any legal effect. Sujit (S.N.Hussain,J.)