IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17802 of 2009 1. ANIRUDH CHOUDHARY S/O SRI THETHAR CHOUDHARY R/O VILL+P.O. NAUHATTA, P.S. NAUHATTA, DISTT. SAHARSA Versus 1. THE STATE OF BIHAR 2. DISTRICT MAGISTRATE SAHARSA 3. SUB-DIVISIONAL MAGISTRATE SAHARSA 4. BLOCK SUPPLY OFFICER NAUHATTA ----------- 2 3.5.2010 The petitioner is a dealer under Public Distribution System , Nauhata, District- Saharsa. He is a licensee dealer in terms of Bihar Public Distribution System Licensing Order, 2007. He challenges the order by which Sub-divisional Officer, Sadar Saharsa has suspended his license merely on the ground that the petitioner has been made an accused in a criminal offence with regard to abduction. Petitioner points out that so far as that case is concerned, it was with regard to alleged abduction by his son , who has allured with a girl. He further submits that before suspending petitioner’s license, he has not been issued any notice and the suspension has been there for over one and a half year. He refers to clause 7 of Licensing Order and submits that the suspension can, at best, be for 90 days. Having considered the matter, in my view, the impugned order of S.D.O., Sadar Saharsa , as communicated to the petitioner under memo no.1125 dated 12th November, 2008 (Annexure 3), cannot be sustained on the grounds,firstly, no suspension can be ordered ex parte, secondly, there cannot be a suspension merely because petitioner is an accused in a criminal case not concerning his business/ - 2 - distribution system and thirdly the suspension cannot continue for a period beyond 90 days. In that view of the matter, the writ petition is allowed and the impugned order, as contained in Annexure 3 is quashed. singh (Navaniti Prasad Singh,J)