IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9615 of 2009 ***** Rajendra Sah son of Rashik Sah resident of village- Akhan P.O. Bispti, P.S. Alamnagar, District- Madhepura. …. …. Petitioner Versus 1. The State of Bihar. 2. The Commissioner, Purnea. 3. The District Magistrate, Madhepura. 4. The Sub Divisional Magistrate, Udakishunganj, District-Madhepura. 5. The Block Supply Officer, Udakishunganj, District-Madhepura. …. …. Respondents ----------- 2. 12.8.2009. Heard learned counsel for the petitioner and learned counsel for the State. By virtue of an order dated 2.2.2009 contained in Annexure- 1, the licensing authority-cum-Sub Divisional Magistrate, Udakishunganj in the district of Madhepura suspended the license of the petitioner bearing license no.449 of 1989. The pointed submission on behalf of learned counsel for the petitioner is that no criminal case has been instituted against the petitioner under Section 7 of the Essential Commodities Act and that being so then under the provisions of the Control Order validity of the suspension cannot last beyond 90 days. He further submits that no consequential or further order has been passed after the suspension except for yet another show cause which was issued on 6.5.2009 which was responded by the petitioner on 18.5.2009 in terms of Annexure-5. Learned counsel for the State submits that it is a matter of verification of the actual state of affairs and, therefore, he should be granted time for filing counter affidavit. - 2 - No purpose will be served by keeping the matter pending, the writ application is disposed of with a direction upon the Sub Divisional Magistrate that if no consequential order has been passed in furtherance to the suspension order dated 2.2.2009 then in terms of the settled law on the issue the suspension order would be deemed to have lapsed on completion of 90 days. The writ application stands allowed to the extent indicated above. Pawan/- (Ajay Kumar Tripathi, J.)