IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2144 of 2010 1. RADHA KANT SHARMA @RADHE KANT SHARMA S/O LATE RAMASHISH SHARMA R/O VILL NIYAZIPUR,P.S.CHANDAUTI, DISTT-GAYA Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR GAYA 3. THE SUB-DIVISIONAL OFFICER SADAR,GAYA 4. THE BLOCK EDUCATION OFFICER SADAR, GAYA 5. THE BLOCK SUPPLY OFFICER SADAR, GAYA 6. THE BLOCK DEVELOPMENT OFFICER SADAR,GAYA ----------- Advocate for the petitioner : Mr. Binay Kumar. For the State : SC 4. -------- 02. 05.02.2010 Annexure-1 is the order passed by the Licensing Authority i.e. Sub Divisional Magistrate, Sadar, Gaya, by virtue of which the PDS licence of the petitioner was suspended for certain omission and commission committed by him as is reflected from the impugned order contained in annexure-1. The order is supposed to have been passed on 16.8.2009. The reason for filing of the writ is that the said order of suspension was issued without any notice or show cause and secondly that it has lost its meaning after 90 days from the day the order of suspension was issued. As per the provision of clause 7 (v) of the Public Distribution System (Control) Order, 2001 a licence cannot remain suspended beyond 90 days unless a case under section 7 of the E.C. Act is instituted and pending. The stand of the petitioner is that nothing has 2 been done after the suspension order and in view of the settled law in this regard based on the provisions of the Control Order indicated above, his suspension must go. There is no criminal case pending either. The law being what it is, more than 90 days has elapsed since the order of suspension was passed. In that view of the matter, suspension order has lost its meaning. Annexure-1 stands quashed. Petitioner will have liberty to continue with his business now unless some other action is taken against him in accordance with law. The writ application is allowed. rkp ( Ajay Kumar Tripathi, J )