IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13824 of 2006 GORAKH PRASAD GUPTA, S/o Late Vishwanath Saha, R/o Village- Barariha, P.O- Chilwania, P.S.- Thakraha, District- West Champaran, Betia. ……….. Petitioner Versus 1. THE STATE OF BIHAR through Secretary, Food, Supply and Commerce Department, Government of Bihar, Patna. 2. District Magistrate, West Champaran, Bettiah. 3. Sub Divisional Officer, Bagaha, Bettiah-cum-Licensing Authority. 4. Assistant District Supply Officer, Begaha, Bettiah. 5. Block Supply Officer, Bhitaha under Subdivision Bagaha, West Champaran, Bettiah. …….. Respondents. With CWJC No.14291 of 2006 BISHWANATH SAH, aged about 48 years, S/o Late Kailash Sah, R/o Village- Dhakaraha, P.O. and P.S.-Dhakaraha, District- West Champaran, Bettiah ……….. Petitioner Versus 1. THE STATE OF BIHAR through Secretary, Food, Supply and Commerce Department, Government of Bihar, Patna. 2. The Secretary, Department of Food, Supply and Commerce, Government of Bihar, Patna 3. District Magistrate, West Champaran, Bettiah. 4. Sub Divisional Officer -cum-Licensing Authority, Bagaha, West Champaran, Bettiah. 5. The Block Development Officer-cum-Block Supply Officer, Dakraha, West Champaran, Bettiah. 6. Officer-In-Charge of the Police Station at Thakraha(Mahali) P.S.- West Champaran, Bettiah. …….. Respondents. ----------- 2. 20-09-2010 1. Heard learned counsel for the petitioners and learned counsel for the State of Bihar and its authorities. 2. In these cases, the petitioners have challenged orders of cancellation of their licences under the Provision of Bihar Trade Articles (Licences Unification) Order 1984 (hereinafter referred to as ‘the Bihar Licensing Order of 1984’ for the sake of brevity) due to the pendency of criminal proceeding against them for offences 2 punishable under the provisions of the Essential Commodities Act. 3. Admittedly, the petitioners are Fair Price Shops owners under the Public Distribution System for which Central Government Public Distribution System (Control) Order, 2001 (hereinafter referred to as ‘the Central Control Order of 2001’ for the sake of brevity) was published on 31.08.2001 and from that day, it came into effect. Following the Central Government Order, the State Government also provided Government of Bihar, Food Supply & Commerce Department Public Distribution System(Control) Order, 2001 notified vide G.S.R. 1 dated 20-02-2007(hereinafter referred to as ‘the Bihar Control Order of 2001 for the sake of brevity). Clause 1 of the said Order specifically provided that under the provision of the Order of 1984 will not be applicable to Fair Price Shops under the Public Distribution System and hence, the orders passed by the authorities concerned under the provisions of the Order of 1984 cannot be held to be legal and the case against the petitioners shall be deemed to continue under the provisions of the Order of 2001. 4. Clause 7 of Order of 2001 specifically provides that the punishment of suspensions and cancellations are two different punishments. Suspension has to be limited to 90 days only except when an F.I.R. is lodged against the dealer for any offence under the provisions of the Essential Commodities Act, 1955 in which case the suspension shall continue till the matter is pending before the court of law. 5. In the aforesaid circumstances, if there was any 3 criminal case pending against the petitioners and on that ground the petitioners’ licences were being challenged the authorities concerned could have only suspended their licences and should not have cancelled the licences without waiting for the result of the criminal cases against the petitioners, as per the provisions of the Bihar Control Order of 2001. 6. Hence, the impugned order of cancellation of petitioners’ licences in both cases are hereby quashed. Their licences shall remain suspended till the criminal case pending against them is finally decided by the court of law. However, the petitioners shall have the liberty to move before the authority concerned after their criminal cases are finally disposed of and the concerned respondent authority shall decide the matter thereafter in accordance with law. Sujit ( S.N.Hussain, J.)