IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8987 of 2007 RAJESHWAR SINGH Versus THE STATE OF BIHAR & ORS With CWJC No.12452 of 2007 VINDESHWAR RAI Versus THE STATE OF BIHAR & ORS With CWJC No.13145 of 2007 DINA NATH RAY Versus THE STATE OF BIHAR & ORS ----------- 4. 29.8.2008 Heard learned counsels for the petitioners and learned counsels for the State. All the three writ petitions are directed against the separate order dated 20.10.2006 passed by the Sub-Divisional Officer, Hajipur by which he has suspended the respective licenses of Public Distribution System of the three petitioners. All the three petitioners are holders of licenses for running fair price shops. On 20.10.2006 separate orders were passed by the Sub-Divisional Officer, Hajipur stating that on 15.10.2006 the incharge Chandpura O.P. seized 15 drum of 3000 litres of blue Kerosene Oil from one Tata 407 and the driver and khalasi of the said vehicle were arrested who gave the statement that the said Kerosene Oil was being taken to Ghamaul (Samastipur) for black marketing. Consequently, F.I.R. was lodged in the said matter. For the said irregularities the licenses of the three petitioners were suspended with immediate effect and they were directed to show cause as to why the licenses should not be cancelled on the said charge. The petitioners - 2 - filed their respective show causes on 6.11.2006 itself but no order has been passed thereafter and the licenses have continued to remain suspended even after the lapse of more than one year and ten months. Learned counsel for the petitioners submit that under the provisions of Section 11(ii) of the Bihar Trade Article (Licenses Unification) Order, 1984, it is clearly provided that the suspension of license without show cause cannot subsist beyond a period of 90 days and thus the order dated 20.10.2006 is fit to be quashed as having expended its force. Learned counsels for the State were unable to meet the said stand on behalf of the petitioners although an attempt was made to challenge the said contention by referring to circular dated 15.2.2007 issued by the State Government. It is evident that the said circular is subsequent to the date of the order and even prior to the said date in terms of Order 11 (ii) of the licenses unification order, the order of suspension dated 20.10.2006 had lost its force. In the aforesaid facts and circumstances, the writ applications are allowed and the respective orders dated 20.10.2006 passed by the Sub-Divisional Officer, Hajipur in the said cases relating to suspension of the licenses of the petitioners, is held to be of no effect on the expiry of 90 days from 20.10.2006 and are quashed to that extent. P. Kumar (Ramesh Kumar Datta, J.)