IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11209 of 2005 Md.Mahboob Alam, son of Late Fakir Mohammad, resident of village Kajleta, P.S. Jokiha Hat, District-Araria. ….. Petitioner. Versus 1. The State of Bihar. 2. The Sub-Divisional Officer, Araria. ….. Respondents. ----------- For the petitioner : Mr. N.K.Agrawal, Senior Advocate with M/s D.N.Tiwari & Anujit Sinha, Advocates. For the respondents : None. ---------- 03/ 02.08.2011 Heard learned counsel for the petitioner. No one appears for the respondents. 2. This writ petition has been filed by the petitioner challenging order dated 22.03.2005 by which the Sub-Divisional Officer, Araria suspended the licence bearing Licence No.01-J/90 of the petitioner granted under the Public Distribution System. 3. Learned counsel for the petitioner submits that no FIR had ever been lodged against the petitioner under any provision of the Essential Commodities Act, 1955 nor any order of cancellation has been passed against the petitioner till date. 4. Learned counsel for the petitioner further avers that Clause 7 of the Government of Bihar, Food Supply & Commerce Department Public Distribution System (Control) Order, 2001, notified vide G.S.R.1 dated 20.02.2007 specifically provides that suspension is a punishment and it cannot exceed ninety days. Earlier also Sub-clause (ii) of Clause 11 of the Bihar Trade Articles (Licences Unification) Order, 1984 provided that the - 2 - licence can be suspended for a period not exceeding ninety days and this matter has been settled by a plethora of decisions of this Court including the judgment in case of M/s Yugal Kishore Rastogi vs. The State of Bihar, reported in 1988 PLJR 571 as well as the decision of this Court in case of Pradhuman Chaudhary vs. The State of Bihar & Ors. (C.W.J.C. No. 6966 of 2008 and other cases) decided on 14.07.2010. 5. In the said circumstances, this writ petition is allowed with a direction/observation that the order passed by the respondent-authority suspending licence of the petitioner would be limited to ninety days only from the date of suspension, whereafter the order of suspension of the licence of the petitioner would cease to have any legal effect. Sunil (S. N. Hussain, J.)