IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14125 of 2009 MD. SAHID AHMAD S/O LATE GULAM RASHUL VILL- BARA, P.S. CHANDAUTI, DISTT. GAYA Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER-CUM-SECRETARY FOOD SUPPLY AND COMMERCIAL DEPTT., GOVT. OF BIHAR, PATNA 2. THE DIVISIONAL COMMISSIONER MAGADH DIVISION, GAYA, DISTT. GAYA 3. THE DISTRICT COLLECTOR GAYA COLLECTORATE, GAYA, DISTT. GAYA 4. THE DISTRICT SUPPLY OFFICER GAYA, DISTT. GAYA 5. THE SUB DIVISIONAL OFFICER (SUPPLY DIVISION) SADAR GAYA, DISTT. GAYA 6. THE BLOCK SUPPLY OFFICER TOWN BLOCK GAYA, DISTT. GAYA ----------- 02. 07.11.2009 The petitioner was a dealer under the Public Distribution System and is deem to have been granted licence under the provisions of the Bihar Public Distribution System order 2007. Pursuant to an inspection conducted on petitioner’s premises on 22.07.2008 and on basis of report thereof submitted by the Block Supply Officer, Town, Gaya to the Sub-Divisional Officer, Gaya Sadar, petitioner’s licence was suspended by order dated 02.08.2008. Petitioner has filed this writ application and stated that though more than a year elapsed his licence has not been restored. Petitioner submits that in terms of clause-7 of the said order licence can only be suspended firstly after a notice is issued in this regards and that too not beyond a period of 90 days. In the present case neither any notice was issued nor the order has been revoked after 90 days. - 2 - Heard the parties and with their consent, the writ petition is disposed of at this stage. Unlike provision of clause-11 of the Bihar Trade Article Licenses Unification Order, 1984 under the Bihar Public Distribution System Licensing order, 2007 there is no provision for an interim suspension pending cancellation without issuance of notice. In terms of clause-7 of the order licence can be suspended and or cancelled as a matter of punishment only and that too only after issuance of notice in this regards. It is specifically provided that suspension can not be for a period of more than 90 days. It can always be for a smoller period. In the present case licence remain suspended and that too without show cause notice for over a year which is wholly without jurisdiction and illegal. I am therefore, left with no option but to hold that the suspension automatically stands revoked on expiry of 90 days. Petitioner would be deemed to be holding a valid licence accordingly. The writ petition is allowed with the aforesaid directions. Shageer (Navaniti Prasad Singh, J)