IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5225 of 2010 SAJAN RAM SON OF LATE BUDH RAM RESIDENT OF VILLAGE BASMANPUR PIPRA, P.O. KALYANPUR, P.S. ARA (MUFASSIL) DISTRICT BHOJPUR Versus 1 THE STATE OF BIHAR THROUGH THE DISTRICT MAGISTRATE, BHOJPUR, ARA. 2. THE SUB DIVISIONAL OFFICER ARA SADAR. 3. THE DISTRICT SUPPLY OFFICER, BHOJPUR, ARA. 4. THE BLOCK SUPPLY OFFICER, ARA SADAR, BLOCK ARA. ----------- 2 26/03/2010 By virtue of order dated 26.08.2008 which is contained in Annexure-5, Public Distribution System license of the petitioner was suspended for the reasons indicated therein. Submission of the petitioner is that nothing has come to be done thereafter. On a mistaken legal advise the appeal has come to be filed against the order of suspension and that too has not been decided till date. It is in this background that the present writ application has come to be filed. Contention of the learned counsel is that under the Bihar Public Distribution System (Control) Order, 2001; especially clause 7(5) the suspension of a license shall remain in operation for a maximum period of 90 days. The licensing - 2 - authority is thereafter obliged to send the records relating to suspension of license to the District Level Selection Committee within a fortnight from the date of suspension. It is the selection committee thereafter on due enquiry to recommend the revocation of suspension when the licensing authority is to act on that advice. In large number of cases, the Court has noticed that the licensing authority passes the order of suspension and forgets about follow up action which he is required to take under the law. Even in this case it seems to be so because if the records would have been forwarded to the so called District Level Committee, something would have emerged out of it since the order of suspension was passed way back on 26.08.2008. The new amended law of 2001 contemplates suspension as a temporary measure and, therefore, the suspension of license of the petitioner cannot remain in operation for all times to come. In the above stated circumstances and the proposition of law being well settled by several decisions of this Court if there is no legal impediment in the way due to - 3 - any other development, the suspension order contained in annexure-5 is declared to have become ineffective. The writ application of the petitioner is accordingly allowed. AMIN (Ajay Kumar Tripathi, J.)