IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14992 of 2006 Brishketan Prasad son of Ambika Prasad, residlent of village Bharwalia, P.S. Mainatand, District West Champaran, … Petitioner Versus 1. The State Of Bihar, 2. The S.D.O., Narkatiaganj, West Champaran, … … Respondents For the Petitioner: Mr. N.A. Shamshi, Advocate For the State: Mr. Iqbal Asif Niazi, AC to GP 4: -------- 4 08.12.2011 Heard learned counsel for the petitioner and the State. Petitioner seeks quashing of the order dated 03.1\01.2006 as contained in Annexure 1 passed by the licensing authority, i.e., the Sub-divisional Officer, Narkatiaganj, respondent no. 2, suspending the licence no. 5/1997 of the petitioner granted for running a public distribution system shop in view of the fact that a case bearing Mainatand Police Station Case No. 75/05 has been lodged against the petitioner under section 7 of the Essential Commodities Act (hereinafter to be referred to as “the E.C. Act”). However, it appears that this application has become infructuous in view of the fact that as per the provisions contained in Clause 5 of the Bihar Trade Articles (Licence Unification) Order, 1984 under which 2 the petitioner claims that a licence was granted. It is apparent therefrom that the licence can be renewed either for one year or for three years upon payment of the renewal fee. Even if supposing that the petitioner’s licence was renewed in the year 2006 for three years just before filing of the present writ application, admittedly, that period has also expired and in above view of the matter, consideration of the order of suspension of the licence of the petitioner would be of merely of an academic value. That apart, since the licence has been suspended in view of the fact that a criminal case under section 7 of the E.C. Act has been lodged against the petitioner and licence has been suspended due to that, it would not be proper for this Court to interfere in the aforesaid order during the pendency of the trial. Accordingly, this writ application is dismissed. However, in view of the fact that the petitioner admits that the concerned trial is still pending, I, ex debito justitiae, direct the trial court to conclude the trial pursuant to Mainatand Police Station Case No. 75/05 expeditiously. It is made clear that if the trial concerned is decided in favour of the petitioner and a judgment of 3 acquittal is passed then the petitioner, if so advised, would be at liberty to seek renewal/fresh grant of licence in accordance with law. SC ( Dr. Ravi Ranjan, J.)