IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16338 of 2009 Abhishek Kumar, Son of Late Triveni Singh, resident of village-Nayansukh Bigha, P.S.-Kurtha, District-Arwal. VERSUS 1. The State of Bihar. 2. The District Magistrate, Arwal. 3. The Sub Divisional Officer, Arwal. 4. The Block Supply Officer, Kurtha, District-Arwal. ----------- For the Petitioner : Mr. N.K. Agrwal, Sr. Adv. Mr. D.N. Tiwary. Mr. Shivender Prasad. For the State : JC to SC-14. ------------- 02 03.05.2010 The petitioner challenges Anneuxre-1, the order of the Sub Divisional Officer, Arwal, as communicated under Memo No.335 dated 02.10.2009, by which on directions of the Collector- cum-District Magistrate, Arwal, petitioner’s PDS licence has been suspended without even a show cause. Over much more than three months having been expired, the licence of the petitioner is not being restored. Mr. N.K. Agrawal, learned Senior Counsel appearing for the petitioner submits that under Bihar Public Distribution System (Control) Order 2007 and in particular Clause-7 thereof, no PDS licence can now be suspended as an interim measure, much less, without issuance of notice. Further, a licence suspended, the suspension cannot exceed 90 days and, lastly, under this Order and under Clause-7, and the authority has the right either to suspend and/or cancel the licence but cannot do both. They are now mutually exclusive. Hence, once licence has been suspended and it - 2 - has remained suspended for more than 90 days, even cancellation cannot now be taken. Having heard the parties and considered the matter, the writ application has to be allowed. The suspension was made on 2nd October, 2009 and now more than three months has elapsed, as such, even if, we were to be that the suspension was validly made, the suspension stands revoked, in view of the provisions of Clasue- 7 of the Bihar Public Distribution System (Control) Order 2007. The order of cancellation of the licence having been passed, the continuous suspension of 90 days cannot be permitted. Thus, I hold that the suspension of licence stands automatically revoked and the petitioner would be deemed to be holding a valid licence in accordance with the provisions of the aforesaid order with all consequential benefits under the licence including the restoration of allotment etc. at the earliest. The writ application is allowed. Trivedi/ (Navaniti Prasad Singh, J.)