IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17417 of 2010 Vijay Rajak, Son of Sri Mishri Rajak, Resident of Village Rangra of Police Station Gopalpur, District Bhagalpur. ------ Petitioner. Versus 1. The State of Bihar. 2. The District Magistrate, Bhagalpur. 3. The Sub-divisional Officer, Naugachia, District Bhagalpur. 4. The District Supply Officer, Naugachia, District Bhagalpur. 5. The Block Supply Officer, Gopalpur Block, Naugachia, District Bhagalpur. ------ Respondents. --------- For the petitioner : Mr. Ranjan Kumar Singh, Advocate For the State : Mr. Sunil Kumar Mandal, S.C. 24 Dr. Abdus Shakoor, A.C. to S.C. 24 3 19.12.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. By Annexure-1, memo no. 369 dated 12.4.2008, the petitioner’s licence as a P.D.S. Dealer was suspended on the ground that his shop was closed on 2.4.2008 when inspection was made, as a result of which the register etc. could not be inspected. Apart from which it has been stated that about 12 persons named in the order of suspension have not been distributed the food grains. The petitioner filed his show-cause which is contained in Annexure-2 giving explanation that he had gone to Purnea between 1.4.2008 to 4.4.2008 to get himself treated for certain ailments. It is also mentioned in 2 the show-cause that the persons named in the order of suspension were busy in harvesting and as such, they had not lifted their ration which is lying in the custody of the petitioner. After the order of suspension the Sub-divisional Officer, Naugachia, District Bhagalpur has not taken cognizance of the show-cause filed, nor has any inquiry been conducted and the petitioner’s shop continues to remain closed on account of the order of suspension. It is further submitted that the petitioner had supplied all the registers for examination and the authorities are sitting over the matter. The suspension of the licence for an indefinite period is against the provisions of Clause 7 (v) of 2007 of the Government of Bihar, Food, Supply and Commerce Department, Public Distribution System (Control) Order, 2001, Notification G. 5 R. No. 1 dated 20.2.2007. Accordingly, this Court directs that the Sub-divisional Officer, Naugachia, Bhagalpur should take final decision in the matter on production of a copy of this order, within a period of three months. In the mean time, the order dated 12.4.2008 is quashed. 3 This application is allowed to the extent aforesaid. Sanjay (Sheema Ali Khan, J.)