IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16648 of 2010 MADHUSUDAN SHARMA, S/O LATE SITARAM SHARMA, R/O VILLAGE- PALEYA, P.S. MAKHDUMPUR, DISTRICT- JEHANABAD. ………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER CUM SECRETARY, DEPARTMENT OF FOOD AND SUPPLY GOVERNMENT OF BIHAR, PATNA. 2. THE COMISSIONER CUM SECRETARY DEPARTMENT OF FOOD AND SUPPLY, GOVERNMENT OF BIHAR, PATNA. 3. THE COLLECTOR, JEHANABAD. 4. THE SUB-DIVISIONAL OFFICER, JEHANABAD. 5. THE DISTRICT SUPPLY OFFICER, JEHANABAD. 6. THE BLOCK SUPPLY OFFICER, MAKHDUMPUR, DISTT. JEHANABAD. ----------- 02/ 11.10.2010 Heard learned counsel for the petitioner. No one appears for the State of Bihar and its authorities. 2. Learned counsel for the petitioner has challenged order of suspension of his licence for running a Fair Price Shop on the ground that a criminal case bearing vigilance P. S Case No. 39 of 2008 was pending. 3. Learned counsel for the petitioner submits that according to Clause-7(iii) of the Government of Bihar, Food Supply & Commerce Department, Public Distribution System (Control) Order, 2001, the licence can be suspended if a criminal case has been filed for offences punishable under the Essential Commodities Act 1955 and it shall remain suspended during the pendency of the criminal case. It is also provided under Clause 7 (ii) that for other reasons the suspension of licence shall has to remain for only ninety days. 4. In the instant case aforesaid criminal case was - 2 - lodged against the petitioner for offences punishable under sections 420, 467, 468, 471, 409, 406, 201, 120(B) of the Indian Penal Code as well as Sections 7, 8, 13(2) read with Section 13(1) (d) of the Prevention of Corruption Act, 1988. No case is lodged for any offence punishable under the provision of Essential Commodities Act, 1955 as required under Clause 7(iii) of the Bihar Control Order of 2001. 5. Learned counsel for the petitioner further states that impugned order dated 16.07.2008 shows that the period of ninety days has passed much earlier. 6. In the aforesaid facts and circumstances, the impugned order of the authority concerned cancelling licence of the petitioner which is under challenge in this writ petition is hereby quashed. It is further held that the order of the authorities regarding suspension of licences of the petitioner would be limited to ninety days only from the date of suspension of the licence of petitioner whereafter it would cease to have any legal effect. 7. With the afore-said directions/observations, this writ petition is allowed. Ranjan (S.N. Hussain, J.)