IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16918 of 2010 PRAYAG MAHTO, SON OF LATE BHUTU MAHTO, RESIDENT OF VILLAGE KALHARIYA, P.O. BAGHWA, P.S. BAUNSHI, DISTRICT BANKA…..PETITIONER. Versus 1. THE STATE OF BIHAR THORUGH THE SECRETARY FOOD AND CONSUMER PROTECTION DEPARTMENT, OLD SECRETARIAT, PATNA 2. THE SUB-DIVISIONAL OFFICER, BANKA, DISTRICT BANKA…….……………RESPONDENTS. with CWJC No.16933 of 2010 MD.ABUL BASAR ANSARI, SON OF LATE AHMAD ALI ANSARI,RESIDENT OF VILLAGE DAHUA, P.O. DAHUA, P.S. BAUNSHI, DISTRICT BANKA………………..…..PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY FOOD AND CONSUMER PROTECTION DEPARTMENT, OLD SECRETARIAT, PATNA. 2. THE SUB-DIVISIONAL OFFICER, BANKA, DISTRICT BANKA………………………RESPONDENTS. ----------- 02/ 08.11.2010 Heard learned counsel for the petitioners and learned counsel for the State and its authorities. Both writ petitions are being finally heard and decided at this stage at the instance of learned counsel for the parties by this common order. 2. Both writ petitions have been filed by the petitioners against the orders of suspension of their respective licences for running Fair Price Shops. 3. Grievance of the petitioners is that respondents- authorities are continuing the suspension of their respective licences beyond the period of ninety days. 4. Although learned counsel for the respondents in both the cases vehemently oppose the contention of learned counsel for the petitioners, but law is very clear in this regard. Clause 7 of the 2 Government of Bihar, Food Supply & Commerce Department Public Distribution System (Control) Order, 2001, notified vide G.S.R.1 dated 20.02.2007 specifically provides that suspension is a punishment and it cannot exceed ninety days. Earlier also Sub-clause (ii) of Clause 11 of the Bihar Trade Articles (Licences Unification) Order, 1984 provided that the licence can be suspended for a period not exceeding ninety days and this matter has been settled by a plethora of decisions of this Court including the judgment in case of M/s Yugal Kishore Rastogi vs. The State of Bihar, reported in 1988 PLJR 571 as well as the decision of this Court in case of Pradhuman Chaudhary vs. The State of Bihar & Ors. (C.W.J.C. No. 6966 of 2008 and other cases) decided on 14.07.2010. 5. In the said circumstances, both writ petitions are allowed with a direction/observation that the orders passed by the respondents authorities suspending respective licences of the petitioners would be limited to ninety days only from the date of suspension, whereafter the orders of suspension of the licences of the petitioners would cease to have any legal effect. Harish (S.N. Hussain, J.)