IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15546 of 2004 Ram Bilash Mandal, S/O Sri Sarjug Mandal, R/o Rajaur Rambhadarpur, P.S.-Hathauli, District-Samastipur. …………Petitioner. Versus 1. The State Of Bihar. 2. The Sub Divisional Officer, Rosera, District-Samastipur. ….Respondents. For the petitioner : Mr. N.K.Agrawal, Sr. Advocate. For the State : : None. ----------- 4. 14.12.2010 1. Heard learned counsel for the petitioner. No one appears on behalf of the State of Bihar. 2. This writ petition has been filed by the petitioner challenging order dated 06.11.2000(Annexure-1) by which Sub Divisional Officer, Rosera (Respondent no. 2) suspended Fair Price Shop Licence No. 38/91 of the petitioner granted under the public distribution system vide Bihar Trade Articles(Licenses Unification) Order, 1984. 3. Learned counsel for the petitioner submits that till date the impugned order of suspension is continuing and no order of cancellation has been passed nor any criminal case has been filed or pending against the petitioner with respect to any offence punishable under the Essential Commodities Act, 1955. 4. The law is well settled in this regard that such order of suspension cannot continue for more than 90 days and hence, the continuance of suspension of petitioner’s licence without there being any order of cancellation and without there being any criminal case also is not sustainable in law. 5. Accordingly, this writ petition is allowed with the 2 direction that the impugned order shall be deemed to have been valid only up till 90 days from the date of the said order and since thereafter the licence of the petitioner shall be deemed to be released from suspension. Sujit (S.N.Hussain, J.)