IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4117 of 2007 Chhathu Lal Prasad, son of Late Kanhaiya Lal Prasad, Resident of At/ P.O.-Marhaura, Ward No.1, Police Station-Marhaura, District-Saran (Chapra). ….Petitioner. Versus 1. The State of Bihar through Secretary, Food, Supply and Commerce Department, Old Secretariat, Patna. 2. The S.D.O. Marhaura, District-Saran (Chapra). …..Respondents. ----------- For the petitioner : Mr. Rajeev Kumar Labh, Advocate. For the State : Mr. Arbind Kumar-2, G.P.20 ----- 02/ 05.08.2010 Heard learned counsel for the petitioner and learned counsel for the State. This writ petition is being finally heard and decided at this stage at the instance of learned counsel for the parties. 2. This writ petition has been filed by the petitioner for quashing order dated 09.01.2006 by which Sub-Divisional Officer, Marhaura (Saran) suspended petitioner’s Licence no.101 of 1985 for running fair price shop under the Public Distribution System. 3. Learned counsel for the petitioner submits that the said suspension is still continuing although no criminal case is pending against the petitioner. 4. The respondents have filed a counter affidavit in paragraph 12 of which it has been stated that the licence of the petitioner has been cancelled subsequently after considering the show cause of the petitioner, but neither any order of cancellation has been annexed, nor any date of passing of order of cancellation has been mentioned in the said counter affidavit. 5. Learned counsel for the petitioner also submits that in - 2 - spite of his best efforts, the alleged order of cancellation has not been supplied to him, nor any date has been mentioned. 6. Be that as it may, under the provision of clause 7 of the Government of Bihar, Food, Supply & Commerce Department, Public Distribution System (Control) Order, 2001 notified vide G.S.R.1 dated 20.02.2007 (hereinafter referred to as ‘Bihar Control Order of 2001’ for the sake of brevity), the suspension and cancellation are two distinct and separate punishments and hence once the punishment of suspension is given, the authorities cannot give another punishment of cancellation for the same offence. In the said circumstances, if any order of cancellation has been passed against the petitioner by the authorities concerned, they are non-est in the eye of law. 7. According to clause 7(v) of the Bihar Control Order of 2001, the suspension of licence cannot continue for more than 90 days, if no criminal case is pending against the licencee. Here, in the instant case, no criminal case is pending against the licencee even according to the case of the respondents. Hence, the order of suspension dated 09.01.2006 should have continued only for 90 days, whereafter the said suspension had stood automatically revoked by 08th of April, 2006 and the petitioner is legally entitled to run his fair price shop as per his aforesaid licence. 8. With the aforesaid observation/direction, this writ petition is disposed of. Sunil (S. N. Hussain, J.)