IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 4963 of 2010 1. BABULAL BHAGAT S/O LATE JAMUN PRASAD BHAGAR R/O VILL. + P.O.- BHADARIYA, P.S.- AMARPUR, DISTT.- BANKA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY FOOD AND CONSUMER PROTECTION DEPARTMENT, OLD SECRETARIAT, PATNA 2. THE COLLECTOR BANKA, DISTT.- BANKA 3. THE SUB-DIVISIONAL OFFICER BANKA, DISTT.- BANKA WITH CWJC No 4973 of 2010 1. BINOD KUMAR OJHA S/O LATE VISHWANATH OJHA R/O VILLAGE + P.O.- BHADARIYA, P.S.- AMARPUR, DISTT.- BANKA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY FOOD AND CONSUMER PROTECTION DEPARTMENT, OLD SECRETARIAT, PATNA 2. THE COLLECTOR, BANKA, DISTT.- BANKA 3. THE SUB-DIVISIONAL OFFICER BANKA, DISTT.- BANKA WITH CWJC No 4978 of 2010 1. SURESH CHAUDHARY S/O LATE PRAYAG CHAUDHARY R/O VILL.- GANGAPUR, P.O.- SULTANPUR, P.S.- AMARPUR, DISTT.- BANKA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY FOOD AND CONSUMER PROTECTION DEPARTMENT, OLD SECRETARIAT, PATNA 2. THE COLLECTOR BANKA, DISTT.- BANKA 3. THE SUB-DIVISIONAL OFFICER BANKA, DISTT.- BANKA WITH CWJC No 5001 of 2010 1. BABU LAL MANDAL S/O LATE SHIVACHARAN MANDAL R/O VILLAGE + P.O.- BHADARIYA, P.S.- AMARPUR, DISTT.- BANKA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY FOOD AND CONSUMER PROTECTION DEPARTMENT, OLD SECRETARIAT, PATNA 2. THE COLLECTOR BANKA, DISTT.- BANKA 3. THE SUB-DIVISIONAL OFFICER BANKA, DISTT.- BANKA WITH CWJC No 5117 of 2010 1. DEEPAK KUMAR OJHA S/O LATE VISHWANATH OJHA R/O VILL +P.O.BHADARIYA, P.S.AMARPUR, DISTT-BANKA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, FOOD AND CONSUMER PROTECTION DEPARTMENT OLD SECRETARIAT, PATNA 2. THE COLLECTOR BANKA, DISTT-BANKA 3. THE SUB-DIVISIONAL OFFICER BANKA, DISTT-BANKA ----------- 2 18.05.2010 In these five writ petitions, petitioners challenge the common order as passed by the Licensing Authority –cum- Subdivisional 2 Officer, Banka whereby, while issuing notice to the petitioners as against proposed cancellation of their licences, the licences have been suspended. Learned counsel for the petitioners submits that under the provisions of Clause 7 of the Bihar Public Distribution System (Control) Order 2007, there is no such authority on the licensing authority to suspend the licence by way of interim measure. Having considered the matter, in my view, the writ petitions must succeed. Under Clause 7 of the Order aforesaid, the Licensing Authority has power to cancel and/or suspend a licence (See Clause 7 (ii)) but this suspension or cancellation has to be preceded by a show cause as is contemplated in Clause 7, sub clause (v). Admittedly, in the present case, the suspension has been ordered ex parte and without notice or hearing. Such an order of suspension cannot be sustained. I, accordingly, quash the order of the Subdivisional Officer –cum- Licensing Authority, Banka as communicated to the petitioners under Memos No 56, 58, 54, 55, 57 respectively dated 07.03.2010 to the extent that it suspends the petitioners’ licence. The writ petitions are, thus, disposed of. M.E.H./ (Navaniti Prasad Singh)