IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1445 of 2009 Meena Devi, W/o- Yogendra Prasad Yadav, Resident of Village- Methoura, P.S.-Duma, District-Sitamarhi. -Petitioner. VERSUS 1. The State of Bihar through the District Magistrate-cum-Collector, Sitamarhi. 2. The Sub Divisional Officer, Sitamarhi. 3. The Block Development Officer, Sitamarhi. -Respondents. ----------- Advocate for the Petitioner : Mr. S.D.Sanjay. Advocate for the State : Mr. Subhash Prasad Singh, G.A.-8. --------- 04 20.05.2009 The petitioner was a dealer under the provisions of the Bihar Trade Articles (Licenses Unification) Order, 1984. He was appointed as a dealer under the Public Distribution System. An inspection was conducted on his business premises and based on that inspection a show cause notice was issued by the Sub-divisional Officer, Sitamarhi Sadar, who is a Licensing Authority, being notice dated 17.01.2006 for cancellation of petitioner’s licence. Petitioner filed his show cause. Thereafter, by communication, as contained in Memo No. 167 dated 16.02.2006, the Sub-divisional Officer has suspended the licence of the petitioner and subsequently on the same date the petitioner has been directed to produce certain other papers for consideration otherwise his licence be cancelled. Learned counsel for the petitioner submits that proceedings for cancellation are still pending. Petitioner’s licence had been suspended and the suspension carrying on ad infinitum. Clause 11(2) of the Bihar Trade Articles (Licenses Unification) Order provides that a suspension cannot be effective for a period beyond 90 days. It is 2 now over 3 years, neither the licence has been cancelled nor suspension revoked. Earlier, the case has also been adjourned at the request of learned counsel for the State. Regrettably, neither any instruction has been received nor any counter affidavit has been filed. In my view, there is no point in keeping the writ petition pending. If the petitioner’s licence cancellation proceedings have not been concluded and the petitioner is being treated as a suspended dealer such a suspension is, prima facie, illegal. Such suspension cannot be beyond 90 days, in view of the provisions as noted above and several judgments of this Court. In that view of the matter, the order suspending petitioner’s licence is set aside. Petitioner’s licence, thus, restored if it had not already been restored. Trivedi/ (Navaniti Prasad Singh, J.)