IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16516 of 2010 1. MINDAR KUMAR S/O SHRI CHHOTAN PRASAD R/O VILL SHAHPUR, P.S.RAJGIR(NALANDA), DISTT-NALANDA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPTT. OF FOOD AND CIVIL SUPPLIES BIHAR, PATNA 2. DISTRICT MAGISTRATE NALANDA 3. THE SUB-DIVISIONAL OFFICER RAJGIR, NALANDA 4. THE BLOCK SUPPLY OFFICER RAJGIR, DISTT-NALANDA ----------- 2. 11.04.2011 Heard learned Counsel for the petitioner and the learned Counsel for the State. The contention on behalf of the petitioner is that the period of 90 days having expired the order for suspension of his PDS licence dated 15.5.2009 has lost its sanctity in law under Rule 7(5) of the Fair Price Shop Order, 2007. Yet the supplies have not been resumed. The final order of suspension dated 15.5.2009 contains explicit direction for institution of a First Information Report. No statement has been made in the writ petition with regard to the same. If the First information Report has been lodged under the Essential Commodities Act by virtue of Rule 7(3) the suspension shall be justified till continuance of the criminal prosecution. Conversely if no FIR has been lodged the suspension shall expire after 90 days by operation of law. If so advised the petitioner may represent before the Licensing Authority with appropriate facts which is expected to be disposed off expeditiously in accordance with law. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)