IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2628 of 2010 MEENA KUMARI W/O LATE RAMCHANDRA RAM R/O VILL.- GARH-BARUARI, P.S.- SUPAUL, DISTT.- SUPAUL, PROPRIETOR OF M/S CHATTAPUR OIL DEPOT, CHATTARPUR, DISTT.- SUPAUL. VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE SUPAUL 3. THE SUB-DIVISIONAL OFFICER TRIVENIGANJ 4. THE BLOCK SUPPLY OFFICER TRIVENIGANJ 5. THE BLOCK SUPPLY OFFICER CHHATAPUR ----------- 02 23.03.2010 Mr. Basant Kumar Choudhary, learned Senior Counsel appearing on behalf of the petitioner submits that the order of the District Magistrate, Supaul dated 11th October, 2007, as contained in Annexure-1, suspending petitioner’s licence till pending enquiry, cannot be permitted to continue. Petitioner is a wholesale dealer in kerosene oil. It appears that in the year 2007 a first information report was lodged against the petitioner for alleged unexplained shortage in his godown. Various factual defects have been laid but those are unnecessary to go into in terms of Section 11(2) of the Bihar Trade Articles (Licences Unification) Order, 1984, an interim suspension can be valid only for a maximum period of 90 days and thereafter it lapses automatically. Many 90 days have gone by and, as such, by operation of law, as contained in Clause 11(2) of the said order, the licence stands automatically restored and suspension elapses. That is the result of the provision, which is statutory in nature, the - 2 - licence being restored. The petitioner would be entitled to restoration of his quotas and other privileges unless there is something other which is legally justified to non-restoration of licence. With this observation, the writ petition is allowed. Trivedi (Navaniti Prasad Singh, J.)