IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16052 of 2007 BIRBAL MANJHI SON OF LATE SHYAMDEO MANJHI RESIDENT OF VILLAGE SARASWATIBIGHA, P.S. BINIADGANJ IN THE DISTRICT OF GAYA --------------- Petitioner Versus 1. THE STATE OF BIHAR , Through the Chief Secretary, Government of Bihar, Patna. 2. The Sub-Divisional Officer, Gaya, District- Gaya ------------Respondents -------------------- 4. 20.11.2008 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks quashing of the order dated 27.4.2007 (Annexure- 4) passed by the Sub-divisional Officer, Sadar, Gaya by which the licence of the petitioner under the Public Distribution System has been suspended on the ground of institution of criminal case in Buniadganj P. S. Case No. 22 of 2007 dated 22.4.2007 under Section 7 of the Essential Commodities Act and the consumers attached to the petitioner have been ordered to be shifted to another licencee and for further consequential reliefs. From the facts mentioned in the writ petition it is evident that the petitioner is a Fair Price Shop dealer and after the issuance of the notification bearing G.S.R. 1 Patna Dated 20.02.2007 by the Governor of Bihar with prior concurrence of Government of India in connection with Fair Price Shops, the grant of licence, its suspension/cancellation, terms and conditions regulating the sale and distribution of the essential commodities are governed by it. It is clearly provided in the said notification that the provisions of the - 2 - Bihar Trade Article (Licences Unification) Order 1984, will not be applicable to fair price shops under the Public Distribution System. Clause 7 of the said order provides for suspension and cancellation of the licence and sub Clause (iii) thereof lays down that if F.I.R. is lodged against FPS dealers for contravention of an order issued under Essential Commodities Act, 1955, the licence shall be suspended till the matter is pending before the Court of law. Admittedly after the filing of the F.I.R. against the petitioner, the case is pending in the Court of the Chief Judicial Magistrate, Gaya. In view of the aforesaid facts and circumstances, no case is made out by learned counsel for the petitioner for interference with the impugned order dated 27.4.2007. The writ application is, accordingly, dismissed. It is, however, made clear that this Court has not expressed any view regarding the merits of the criminal matter pending against the petitioner. P. Kumar (Ramesh Kumar Datta, J.)