IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6281 of 2010 1. HARENDRA SAH @ HARENDRA PD. SAH S/O LALJI SAH R/O VILL.- BARURAJ, P.O. + P.S.- BARURAJ, DISTT.- MUZAFFARPUR Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, MUZAFFARPUR 3.THE SUB-DIVISIONAL OFFICER WEST MUZAFFARPUR, DISTT.- MUZAFFARPUR 4.THE BLOCK SUPPLY OFFICER MOTIPUR, DISTT.- MUZAFFARPUR ----------- For the petitioner : Mr. S.B.K Mangalam, Advocate. For the State : Mr. Indeshwari Prasad, Advocate. 02/ 04.10.2010 Heard learned counsel for the petitioner and learned counsel for the State of Bihar and its authorities. 2. This writ petition has been filed challenging the order dated 03.06.2008 ( Annexure-3) by which the Sub-divisional Officer, West Muzaffarpur (respondent no. 3) suspended petitioner’s Fair Price Shop License under the Public Distribution System due to the pendency of criminal case against the petitioner bearing Case No. 43 of 2008, P. S- Baruraj, for the offence punishable u/s 420 of the Indian Penal Code as well as Section- 7 of the Essential Commodities Act. However, subsequently vide order dated 11.02.2010 (Annexure-5), the Sub-divisional Judicial Officer dropped the said case on the basis of final form submitted by the police and no objection was raised thereto by the prosecution. 3. Learned counsel for the petitioner submits that no order of cancellation has been passed by the authorities concerned who are now bound to consider the question of revocation of suspension under the provision Section-7(iii) of the Government of - 2 - Bihar, Food Supply and Commerce Department, Public Distribution System (control) Order- 2001. 4. In the aforesaid facts and circumstances, this writ petition is disposed of with direction to the petitioner to approach the Sub-divisional Officer, West- Muzaffarpur along with a copy of the order dated 11.02.2010 passed by the Sub-divisional Judicial Magistrate, West- Muzaffarpur within fifteen days from today and the said authority shall dispose of the said matter in accordance with the afore said provisions of law within one month thereafter. Ranjan (S. N. Hussain, J.)