IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6010 of 2010 UMESH PRASAD SINGH S/O LATE MUSAFIR SINGH R/O VILL.- NEPURA, P.S.- DEEPNAGAR, DISTT.- NALANDA ……..Petitioner Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, DEPARTMENT OF FOOD SUPPLY & COMMERCE, GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, NALANDA AT BIHARSHARIF 4. THE SUB DIVISIONAL OFFICER, NALANDA AT BIHARSHARIF 5. ASSISTANT DISTRICT SUPPLY OFFICER, NALANDA AT BIHARSHARIF 6. THE MUNICIPAL COMMISSIONER, MUNICIPAL CORPORATION, BIHARSHARIF, NALANDA 7. BLOCK SUPPLY OFFICER, NALANDA AT BIHARSHARIF, NALANDA …. Respondents ----------- For the Petitioner : M/s Ajay Kumar Thakur and Md. Imteyaz Ahmad, Advocates. For the Respondents : Mr. Prabhat Bharh, A.C. to G.P. 2 ------ 05/ 27.07.2010 Heard learned counsel for the petitioner and learned counsel for the State and its authorities. 2. This writ petition has been filed by the petitioner challenging the order of suspension dated 13.11.2008 (Annexure 1) of his licence of P. D. S. shop bearing licence no. 34/Bihar/2007. Grievance of the petitioner is that respondents-authorities are continuing the suspension of his licence beyond the period of ninety days. 3. 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 2 20.02.2007 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 (Licences Unification) Order, 1984 provided that such licence can be suspended for a period not exceeding ninety days if no first information report is pending against the licensee. 4. 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 impugned order of respondent-authority concerned suspending the 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. MPS/ ( S. N. Hussain, J. )