IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6455 of 2007 RAM ASHRAY SAH Versus THE STATE OF BIHAR & ORS ----------- 2 21.12.2009 Learned counsel for the petitioner is permitted to add District Supply Officer, Gopalganj as party respondent. The petitioner is a licensee of fair price retail shop granted in the year 1994 having licence no.5/94. The petitioner submits that no license can be suspended for more than 90 days without giving any opportunity of stating his case. He further submits that though no show cause has been issued for cancellation of license, still no supply of licensed items has been made to him for the last six years. It would appear from the letter of the Block Supply Officer, Phulwaria addressed to the S.D.O. Hathua that the fair price retail shop licence was granted to the petitioner on the basis of population census. The Block Supply Officer has requested the S.D.O. Hathua to revive the licensed items of the shop. The S.D.O. Hathua vide Annexure-5 had written to the District Supply Officer, Gopalganj for reviving the supply to the petitioner. However, despite the aforesaid recommendation, the supply of the items has not been revived. Counsel for the State submits that as the matter is of the year 2007, he is not in a position to state whether any further action has been taken or not. It would appear from the provisions of the Bihar Trade Articles (Licenses Unification) Order, 1984 that unless and until the licence of the petitioner is suspended or cancelled, the supply of - 2 - KHAN essential items cannot be stopped. It further appears from Annexures-4 and 5 that both the Block Development Officer and the S.D.O., Hathua have made recommendation for reviving the supply of the licensed items to the petitioner. In view of the above, the respondent nos.3 and 5 would take appropriate steps for supply of licensed items to the petitioner within a period of two months from the date of receipt/production of a copy of this order, if license of the petitioner is not cancelled. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)