IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.276 of 2008 Nand Kishore Prasad, S/o Late Ranjee Saw, R/o Mohalla-Purani Bazar, P.S. + District- Lakhisarai. …… Petitioner. Versus 1. The State Of Bihar through Secretary-cum- Commissioner, Department of Food, Civil Supply & Consumer Protection, Government of Bihar, Old Secretariat, Patna at Patna. 2. The District Supply Officer, Lakhisarai at Lakhisarai. 3. The Sub-Divisional Officer, Lakhisarai at Lakhisarai. 4. The Supply Inspector, Lakhisarai at Lakhisarai. ……… Respondents. ----------- 3. 08.11.2010 1. Heard learned counsel for the petitioner and learned counsel for the State. 2. Petitioner is aggrieved by order dated 4.11.2006 (Annexure-1) by which the licensing authority namely Sub Divisional officer, Lakhisarai suspended the fair price shop licence of the petitioner under the Public Distribution System as a criminal case for offence punishable under the provisions of the penal code as well as under the Essential Commodities Act, 1955 had been lodged. 3. Earlier as per the provisions of Bihar Trade Article (Licences Unification) Order, 1984 the suspension of licence was an interim measure but now Government of Bihar, Food Supply and Commerce Department Public Distribution System (Control) Order, 2001 vide notification G.S.R. 1 dated 20.02.2007 has come in force. Clasue-1 of which specifically states that the provisions of Bihar Trade Article (Licences Unification) Order 1984 will not be applicable in the Fair Price Shops under the Public Distribution System now. 2 4. After coming into the force of the aforesaid Government Order in 2007, Clause 7 (iii) specifically provide that if F.I.R. is lodged against the Fair Price Shop dealers for contravention of an order issued under Essential Commodities Act, 1955, their licence shall be suspended till the matter is pending before the court of law. 5. In the aforesaid facts and circumstances, there is no occasion for setting aside the said order of suspension issued by the authorities concerned. Accordingly, this writ petition is disposed of with a liberty to the petitioner to move before the authorities concerned for recall of the order of suspension after he is acquitted in the criminal case concerned pending for offence punishable under the provisions of the Essential Commodities Act. Sujit (S.N.Hussain,J.)