IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17816 of 2009 ***** Mohan Yadav Son of Late Jaggu Yadav, residence of Village Mahmada P.S. Praiya District Gaya. …. …. Petitioner Versus 1. The State of Bihar. 2. The Collector, Gaya. 3. The Sub Divisional Officer, Tekari, Gaya. 4. The District Supply Officer, Gaya. 5. The Block Supply Officer, Tekari (Gaya). …. …. Respondents ----------- For the Petitioner : Mr. Amar Nath Singh, Advocate Mr. Anil Kumar Roy, Advocate For the State : Mr. A. Amanullah, Standing Counsel-XVII ----------- 2. 17.12.2009. A very limited submission on the question of law has been made on behalf of the petitioner. His submission is that the order of suspension passed against the petitioner, who happens to be a P.D.S. dealer, cannot last beyond 90 days in terms of the provisions of the Public Distribution System (Control Order), 2001. The order of suspension was passed on 12.12.2008. No further enquiry or action has been taken after suspension order and the provisions of the statute what they are and the law being well settled on the issue the order of suspension needs to go. There is no dispute with regard to the statutory provisions as well as the interpretation given to the said provisions by the Court. The only other rider is that the suspension order will loose its effect after 90 days provided no criminal case under Section 7 of the Essential Commodities Act has been lodged against the petitioner for the same allegations. A statement is made at the bar that there is no pending criminal case against the petitioner. If what has been stated is correct then - 2 - the petitioner has succeeded in making out a case for interference. The suspension order dated 12.12.2009 stands quashed with a rider that if there is no 7 E.C. Act case instituted or pending against the petitioner for the allegations contained in Annexure-3 then the license of the petitioner will be revived. The writ application stands allowed. Pawan/- (Ajay Kumar Tripathi, J.)