IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11603 of 2009 Desraj Ram, son of Late Katwaru Ram, village Barkagaon, PS Mirganj, Block Hathua, Dist. Gopalganj – Petitioner. Vs. 1) The State of Bihar, 2) The Dist. Magistrate, Gopalganj. 3) The Dist. Supply Officer, Gopalganj. 4) The Subdivisional Officer, Hathua, Gopalganj. 5) The Block Supply Officer, Hathua, Gopalganj. 3 19.9.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. In this case time was granted to the State counsel on 7.9.2009 to obtain instructions and file a counter affidavit but no counter affidavit has been filed as yet. By Annexure 1 the licence of the petitioner under the public distribution system was suspended and he was asked to file show cause. The petitioner accordingly filed his show cause, in which he has stated that his grand daughter had fallen ill and was admitted in a hospital, as a result of which he was attending to her welfare. The petitioner took the key along with him due to which inspection of the shop could not be made. The stock register etc. was also in the shop which was locked and as such the inspection could not be made. Annexure 4 indicates that the petitioner had filed an application before the District Magistrate vide Case No. 53/2008 for revoking the order of suspension. The Subdivisional Officer, Hathua has recommended for revocation of the order of suspension of the petitioner’s licence. It also appears from the 2 order of the District Magistrate that the records appertaining to the petitioner has been placed before the District Level Selection Committee. As per sub-clause (5) of clause 7 of Public Distribution System (Control Orders), 2001, the suspension of a licence can be for a maximum period of ninety days. Thereafter the matter has to be placed before the Selection Committee within a fortnight from the date of suspension of licence and the selection committee should take a decision with respect to revocation of the suspension order. After the decision of the Selection Committee is taken, the licensing authority, i.e. the Subdivisional Officer shall pass an order accordingly. The District Magistrate has, thus, directed the Subdivisional Officer to act in accordance with the decision of the selection committee. Learned counsel for the petitioner submits that he has not been communicated any order of revocation of suspension order or in fact any order relating to his licence. It is surprising that the order of the District Magistrate was issued on 22.12.2008 and the licensing authority is sitting over the matter. Since no counter affidavit has been filed in this case although the matter is pending since 2009 in this court, I direct that the Subdivisional Officer, Hathua, Gopalganj should take appropriate decision within a period of three months. It is obviously illegal to keep the licence of the petitioner under suspension as per sub-clause (v) of clause 7 of the 2001 Control Orders. The petitioner may produce a copy of this order 3 before the Subdivisional Officer, Hathua within a period of one month who will pass an order within three months. I may make it clear that if no decision has been taken by the District Level Selection Committee, the Subdivisional Officer should bring this matter to the notice of the Selection Committee immediately. The Committee will take a decision in accordance with the recommendations made by the Subdivisional Officer. This writ petition is disposed of with the aforesaid observation and direction. haque ( Sheema Ali Khan, J.)