IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11126 of 2010 1. PRADEEP KUMAR SRIVASTAVA S/O LATE YOGENDRA PRASAD SRIVASTAVA R/O DHENESHWARI, P.S.BHARGAMA, DISTT-ARARIA Versus 1. THE STATE OF BIHAR 2. THE SUB DIVISIONAL OFFICER ARARIA 3. THE COLLECTOR ARARIA ----------- For the petitioner : Mr. N. K Agrawal and Sanjey Kr, Advocates. For the State : Mr. A. Amanullah, G.A-9 with Anuj Kr, Astt. Counsel to G. A- 3. 02/ 04.10.2010 Heard learned counsel for the petitioner and learned counsel for the State of Bihar and its authorities. 2. By this writ petition, the petitioner has challenged the decision of the District Level Committee, Araria dated 05.11.2009 (Annexure-1) by which the suspension of the license of the petitioner has been kept in abeyance till the final outcome of the criminal case pending against him bearing Case No. 107 of 2004, P.S- Bhargama (Annexure-2). 3. From the facts and circumstances of this case, it is quite apparent that the petitioner’s license has been suspended and the said suspension has been kept in abeyance even beyond 90 days during the pendency of the aforesaid criminal case. It also transpires that the aforesaid criminal case has been initiated for alleged offence punishable u/s 406, 468, 471 and 34 of Indian Penal Code against several persons including the petitioner but no offence under the provision of Essential Commodities Act, 1955 has been alleged against the petitioner. 4. In the said circumstances, the provision of Clause-7 - 2 - (iii) of the Government of Bihar, Food Supply & Commerce Department (control) Order- 2001 will not be attracted to the facts and circumstances of this case rather the provision of Clause- 7 (ii) thereof is applicable and the period of suspension should not have legally been stretched beyond 90 days. 5. In the said circumstances, this writ petition is allowed with a direction that the orders of respondents authority suspending the license of the petitioner and keeping it in abeyance beyond 90 days from the date of suspension is absolutely illegal . The order of suspension of the license of the petitioner would cease to have any legal effect beyond ninety days. Ranjan (S. N Hussain, J.)