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.)