IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15185 of 2010 Devi Lal Ravidas son of Late Rambali, resident of Village- Dhandhanachak, P.O.-Misharpura, P.S.- Beur, District-Patna. ….Petitioner. Versus 1. The State of Bihar through the Secretary Food and Consumer Protection Department, Old Secretariat, Patna. 2. The Sub-Divisional Officer, Patna Sadar, District-Patna. …… Respondents. ----------- For the petitioner : Mr. Rajeev Kumar Labh, Advocate. For the State : Mr. R.S.Nath, A.A.G.-IV. ---------- 02/ 21.09.2010 Heard learned counsel for the petitioner and learned counsel for the State and its authority. 2. This writ petition has been filed by the petitioner challenging continuance of suspension of fair price shop licence no.03 of 2002 under Public Distribution System vide order dated 21.02.2008 (Annexure-1) passed by the Sub-Divisional Officer, Patna Sadar (respondent no.2) due to pendency of Beur P.S. Case No.25 of 2008 against the petitioner for offences punishable under Section 7 of the Essential Commodities Act, 1955. 3. Learned counsel for the petitioner submits that by order dated 09.08.2010 (page-8) passed in the aforesaid case by the Sub- Divisional Judicial Magistrate, Patna, the petitioner was acquitted. Learned counsel for the petitioner further submits that against the said order, no appeal has been filed by the Government. 4. It is further stated that after the said order petitioner has filed an application before the Sub-Divisional Officer, Sadar Patna on 26.08.2010 (Annexure-2) for revocation of the suspension of his 2 licence, but till date no order has been passed therein. 5. In the aforesaid facts and circumstances, this writ petition is disposed of with a direction to the Sub-divisional Officer, Sadar, Patna to dispose of the aforesaid application of the petitioner within fifteen days from the date of receipt/production of a copy of this order in accordance with the provisions of law keeping in view that if no criminal case is pending against the petitioner, there is no occasion for continuance of suspension of his licence. This order will be subject to verification that no appeal has been filed against the aforesaid order of acquittal and no other criminal case for offences under the Essential Commodities Act, 1955 is pending against the petitioner. Sunil ( S. N. Hussain, J.)