IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18374 of 2011 Munilal Yadav Son of Late Changari Yadav Resident of Village- Jamalpur, Police Station- Shahkund, District- Bhagalpur Petitioner Versus 1. The State Of Bihar 2. The S.D.O. Sadar, Bhagalpur 3. The District Supply Officer, Bhagalpur 4. The Supply Inspector, Shahkund Block, Bhagalpur Respondents. ----------- 02 20.10.2011 The present writ petition has been filed for quashing order dated 5.3.2010 issued by the SDO, Sadar, Bhagalpur suspending the licence of the petitioner’s fair price shop, which action is said to have been taken without issuing any show cause to the petitioner and in any event the suspension order is no longer in force by efflux of statutory time of 90 days in terms of order 11(2) of the Bihar Trade Articles (Licence Unification) Order, 1984. Learned counsel for the petitioner relies on an order dated 6.12.2010 passed in CWJC No.19682 of 2010 by a Bench of this Court whereby another similar order passed by the same authority on the same date as in the instant case had been set aside on the ground that no notice had been issued to the petitioner within 90 days of the suspension of the licence. Learned counsel for the State is present and has been heard. In the facts and circumstances of the case, this writ petition can be disposed of in similar terms as CWJC No.19682 of 2010, particularly in view of the fact that the petitioner has 2 approached the S.D.O. Sadar, Bhagalpur (Respondent no.2) with his representation dated 10.8.2011 (Annexure-3), which has also not been acted upon by the concerned Respondent. Accordingly, the impugned order dated 5.3.2010 (Annexure-1) suspending the petitioner’s fair price shop licence is hereby set aside, with liberty to the respondents to revisit the matter in case the petitioner’s statement with regard to the non- issuance of notice granting any opportunity of hearing in terms of Order 11 (2) aforesaid, be found to be false. With the above observation this writ petition is disposed of. Chandran (Vikash Jain, J.)