IN THE HIGH COURT OF JUDICATURE AT PATNA C.W. J.C. No.18205 of 2010 Ramjatan Das S/O Late Chhathan Ravidas R/O Vill Churi, P.S.Chandauti, Distt-Gaya Versus 1. The State Of Bihar 2. The Collector Gaya 3. The Sub Divisional Officer Sadar, Gaya 4. The District Supply Officer Gaya 5. The Block Supply Officer Sadar, Gaya ----------------------- 03. 11.08.2011 Heard Mr. Vinay Kumar, learned counsel appearing on behalf of the petitioner and Mr. D.K. Singh, Assisting counsel to G.P. 5 for the State. The writ petition has been filed for challenging the order dated 21.4.2010, whereunder the license of the petitioner for running a Fair Price Shop under the Public Distribution System (Control) Order, 2001 (hereinafter referred to as the ‘Order’), was suspended. Learned counsel for the petitioner makes a very short submission. He submits that the order was notified by the State of Bihar vide notification no. GSR No. 1 dated 20.2.2007 and whereafter the provisions of the Bihar Trade Article (Licenses Unification) Order, 1984 was held not applicable to the Fair Price Shops run under the Public Distribution System. While relying upon Clause 7(V) of the Order it is stated that the respondents cannot keep the Fair Price Shop of the petitioner in suspended condition for the period exceeding 90 days. It is contended that the order having been passed on 21.4.2010, the period of 90 days expired on or before 20.7.2010 i.e. more than one year back. 2 Despite the matter having remained pending before this Court since 3.10.2010 and time having been granted to the learned counsel appearing on behalf of the State to respond to the issue raised in the writ petition, learned counsel informs this Court that he has not received any instruction in this regard. Having heard learned counsel appearing for the parties and taking into consideration the provisions of Clause 7(V) of the Order as notified under GSR No. 1 dated 20.2.2007, it is manifest that the order of suspension dated 21.4.2010 as contained in Annexure-3 to the writ petition has lost its force and has exhausted itself. By operation of law, the license of the petitioner under the Order stands restored upon expiry of 90 days of the order of suspension which was passed on 21.4.2010. That being the position, the writ petition is allowed. The license of the petitioner granted under the Public Distribution System (Control) Order, 2001 is restored. S.Sb/- (Jyoti Saran, J.)