IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14719 of 2007 BALESHWAR JHA, S/O LATE SUKHDEO JHA, RESIDENT OF VILLAGE RAGHUNATHPUR, P.S. SAHPUR KAMAL, DISTRICT BEGUSARAI .. Petitioner Versus 1. THE STATE OF BIHAR THROUGH THE COLLECTOR, BEGUSARAI 2. THE SUB DIVISIONAL OFFICER, BALIA, BEGUSARAI .. Respondents **** /2/ 25.01.2010 Heard learned counsel for the petitioner and the State. 2. The petitioner is aggrieved by order bearing Memo no. 1129, dated 16.12.2006, issued by respondent no. 2, the Sub Divisional Officer, Balia, Begusarai, in the light of Letter no. 697, dated 15.12.2006, issued by the District Magistrate, Begusarai, to the Sub Divisional Officer, Balia, directing to suspend the licence of the petitioner. The petitioner states that he is a licensee under the Public Distribution System, bearing Licence no. 4 of 1991, dated 16.02.1991, for Raghunathpur Panchayat. The petitioner states that he got the licence under the Army quota and finding his dealing to the efficient, he was also given further allotment under the scheme of Jawahar Rozgar Yojna. The petitioner states that he made 2 regular distribution of item to the customers. Learned counsel submits that the District Magistrate on 26.09.2006 asked the Sub Divisional Officer to make verification of the godown. Learned counsel submits that the report of the Sub Divisional Officer would show that the godown was full up to lintel level, report no. 402, dated 30.09.2006, of the Sub Divisional Officer would show that the food grains were full up to the lintel level. Learned counsel submits that the District Magistrate vide Letter no. 698, dated 15.12.2006, ordered to suspend the licence without any basis and without giving any show cause. 3. The State has filed counter affidavit. In paragraph 5 it is stated that petitioner did not follow the instructions given in Letter no. 446/GP, dated 26.09.2006. In paragraph 6 it has been stated that petitioner violated the direction and did not supply the grains to the Engineers in time and, as such, first information report has been lodged against the petitioner. In terms of Clause 11 of the Bihar Trade Articles (Licence Unification) Order, 1984, no licence can be suspended for a period exceeding ninety days without giving any opportunity to the licensee. Learned counsel for the petitioner submits that no show cause was issued to him. 3 4. In this view of the matter, if the petitioner files an application before the Collector, Begusarai, he will dispose off his application in terms of Clause 11 of the Bihar Trade Articles (Licence Unification) Order, 1984, preferably within three months from the date of its filing. 5. With these observations and directions, this application is disposed off. Cp:2/S.A. (Samrendra Pratap Singh, J.)