IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 14754 of 2009 1. DWARIKANATH S/O KISHORI PRASAD VILL.- BAIDRABAD, MURADPUR CHAWKI, P.S.- ARWAL, DISTT.- ARWAL Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY FOOD AND CONSUMER PROTECTION DEPTT., OLD SECRETARIAT, PATNA 2. THE SUB-DIVISIONAL OFFICER, ARWAL DISTT.- ARWAL ----------- 2 23.12.2009 The petitioner, who is a dealer under the Public Distribution System, challenges the order of the Licensing Authority (Subdivisional Officer, Arwal), as contained in Annexure-1 being dated 21st August, 2009. By the said order, his licence, which is deemed to be granted under the provisions of Public Distribution System (Control) Order 2001, has been suspended. Learned counsel for the petitioner submits that as contemplated under the Bihar Public Distribution System (Control) Order 2007, as issued by the State Government with effect from 20.02.2007, Clause-7 thereof provides for suspension and cancellation of licences of Public Distribution System dealers. It provides specifically that before either suspending or cancelling a licence, a show cause notice has to be given to the petitioner. Secondly, it provides that suspension cannot continue beyond 90 days. He submits that on both these counts, the order is wholly without jurisdiction and cannot now be sustained. Having perused the provisions of Clause-7 of the 2007 Order, I am of the opinion that the learned counsel for the petitioner is correct. Unlike the earlier Unification Order, there is no provision for an interim suspension now. Thus, a suspension is contemplated only as a 2 matter of punishment and that too after issuance of notice and hearing the petitioner. Thus seen, the order cannot be sustained. Secondly, even if it be held that suspension was validly done, then 90 days having elapsed, in terms of the same very clause, the suspension stands revoked by itself. Thus, on both the counts, the order impugned, as contained in Annexure-1, does not survive and is set aside accordingly. The writ application is allowed. M.E.H./ (Navaniti Prasad Singh)