IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.325 of 2006 1. GANGA RAM MEHTA, SON OF LATE KRISHNADEO MAHTO, RESIDENT OF VILLAGE- KARJAIN, P.S.- KARJAIN BAZAR, SUB- DIVISION- BIRPUR, DISTRICT- SUPAUL. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, FOOD, SUPPLY AND COMMERCE DEPARTMENT, OLD SECRETARIAT, PATNA. 2. THE DISTRICT MAGISTRATE, SUPAUL, DISTRICT- SUPAUL. 3. THE SUBDIVISIONAL MAGISTRATE, BIRPUR, DISTRICT- SUPAUL :--- RESPONDENTS. with CWJC No.6028 of 2006 BIRENDRA KUMAR GUPTA, S/O- LATE RAMJEE SAH, RESIDENT OF VILLAGE- BHIMNAGAR, P.S.- BIRPUR, DISTRICT- SUPAUL :--- PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, FOOD, SUPPLY AND COMMERCE DEPARTMENT, OLD SECRETARIATE, PATNA. 2. THE DISTRICT MAGISTRATE, SUPAUL, DISTRICT- SUPAUL. 3. THE SUB-DIVISIONAL OFFICER, BIRPUR, DISTRICT- SUPAUL :---- RESPONDENTS. with CWJC No.6080 of 2006 DHANIK LAL DAS, S/O- LATE LAKSHMI DAS, RESIDENT OF VILLAGE- KARJAIN BAZAR, P.S.- KARJAIN BAZAR, SUB-DIVISION SUPAUL, DISTRICT- SUPAUL :--- PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, FOOD, SUPPLY AND COMMERCE DEPARTMENT, OLD SECRETARIAT, PATNA. 2. THE DISTRICT MAGISTRATE, SUPAUL, DISTRICT- SUPAUL. 3. THE SUBDIVISIONAL OFFICER, BIRPUR, DISTRICT- SUPAUL :--- RESPONDENTS. with CWJC No.6095 of 2006 BADRI KUMAR SINGH, S/O- LATE FUDAN SINGH, RESIDENT OF VILLAGE- BHIM NAGAR, POLICE STATION- BIRPUR, DISTT. SUPAUL :--- PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, FOOD, SUPPLY AND COMMERCE DEPARTMENT, OLD SECRETARIAT, PATNA. 2 2. THE DISTRICT MAGISTRATE, SUPAUL, DISTRICT- SUPAUL. 3. THE SUBDIVISIONAL OFFICER, BIRPUR, DISTRICT- SUPAUL :--- RESPONDENTS. ----------- 4. 17.01.2011. Heard learned counsel for the petitioners and the State. 2. Petitioners are the Fair Price Shop Dealer. Their licence has been cancelled by the Licensing Authority, Sub-Divisional Officer, Birpur under order bearing Memo No. 369-2, 370-2, 371-2, 372-2 dated 01.11.2002 which is contained in Annexure-1 to the aforesaid writ petitions. 3. It is submitted on behalf of the petitioners that the Fair Price Shop premises of the petitioners was inspected by a team comprising of Inspector of the C.I.D and Karjain P.S.Case No. 20/2001 dated 25.05.2001 under Sections 406, 420 of the Penal Code and Section 7 of the Essential Commodities Act was registered against petitioner Ganga Ram Mehta and Birpur P.S.Case No. 46/2001 dated 25.05.2001 under Section 406, 420 of the Penal Code and Section 7 of the Essential Commodities Act was registered against the three other petitioners. Later, on the basis of the irregularities noticed by the inspecting team on 25.05.2001 show-cause notice was given to the petitioners in response whereto they submitted their reply but without considering the same the Licensing Authority, Sub-Divisional Officer, Birpur initially suspended the licence and thereafter cancelled the same under the 3 impugned orders dated 01.11.2002 which is impugned in these writ petitions. 4. From perusal of the First Information Report lodged against the petitioners and the show-cause notice issued to them it is quite evident that charges levelled against the petitioners in the proceeding taken against them for cancellation of their licence as also for their conviction is similar. After conclusion of the investigation pursuant to the aforesaid First Information Report charge- sheet has been submitted and the matter is pending for trial. 5. Having heard counsel for the parties, I am of the view that the order dated 01.11.2002 cancelling the Fair Price Shop licence of the petitioners should be subject to the result of Karjain P.S.Case No. 20/2001 so far it relates to Petitioner No. 1 and for the rest of the petitioners the order cancelling their licence be subject to the result of Birpur P.S.Case No. 46/2001. In case Petitioner No.1 is acquitted in Karjain P.S. Case No. 20/2001 and the other petitioners are acquitted in Birpur P.S.Case No. 46/2001, the Licensing Authority should reconsider the order dated 01.11.2002 cancelling their licence. 6. With the aforesaid observation and direction the writ petitions are disposed of. P.K.P. (V.N.Sinha,J.)