IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15642 of 2010 ARUN KUMAR PODDAR @ ARUN PODDAR, S/O LATE KISHORI PODDAR, R/O WARD NO. 47, VILLAGE+ P.O+ P.S- ISHAKCHAK, DISTRICT- BHAGALPUR. ………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY FOOD AND CONSUMER PROTECTION DEPARTMENT, OLD SECRETARIAT, PATNA. 2. THE SUB DIVISIONAL OFFICER, SADAR BHAGALPUR, DISTRICT- BHAGALPUR. ………RESPONDENTS. with CWJC No.16217 of 2010 JITENDRA KUMAR SINGH, S/O LATE SACHIDANAND SINGH, R/O VILLAGE- HASTINAPUR, P.O- BHALUA, P.S.- SHAMBHUGANJ, DISTRICT- BANKA. ………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY FOOD AND CONSUMER PROTECTION DEPARTMENT, OLD SECRETARIAT, PATNA. 2. THE SUB DIVISIONAL OFFICER, BANKA, DISTRICT- BANKA. …………RESPONDENTS. with CWJC No.16329 of 2010 SUMAN KANT MISHRA, S/O HALI KANT MISHRA, R/O VILLAGE-DAHUA, P.O & P.S.- BAUNSHI, DISTRICT- BANKA. ……..PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY FOOD AND CONSUMER PROTECTION DEPARTMENT, OLD SECRETARIAT, PATNA. 2. THE SUB DIVISIONAL OFFICER, BANKA, DISTRICT- BANKA. ………RESPONDENTS. with CWJC No.16374 of 2010 SATISH PRASAD YADAV, S/O SRI PANNE PRASAD YADAV, R/O VILLAGE & P.O- UPRAMA, P.S- RAJAUN, DISTRICT- BANKA. ……..PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY FOOD AND CONSUMER PROTECTION DEPARTMENT, OLD SECRETARIAT, PATNA. 2 2. THE SUB DIVISIONAL OFFICER, BANKA, DISTRICT- BANKA. ………RESPONDENTS. with CWJC No.16575 of 2010 MD.HANIF, S/O LATE KARU MIAN, R/O VILLAGE- KAJIKAIRY, P.O- KAIRY, P.S- BAUNSHI, DISTRICT- BANKA. ……..PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY FOOD AND CONSUMER PROTECTION DEPARTMENT, OLD SECRETARIAT, PATNA. 2. THE SUB DIVISIONAL OFFICER, BANKA, DISTRICT- BANKA. ……..RESPONDENTS. with CWJC No.16489 of 2010 JANARDAN YADAV, S/O SRI GULABI YADAV, R/O VILLAGE- TARAKOL, P.O- LAXMIPUR, P.S- BAUNSHI, DISTRICT- BANKA. ……..PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY FOOD AND CONSUMER PROTECTION DEPARTMENT, OLD SECRETARIAT, PATNA. 2. THE SUB DIVISIONAL OFFICER, BANKA, DISTRICT- BANKA. ………RESPONDENTS. ----------- 02/ 11.10.2010 Heard learned counsel for the petitioners and learned for the State of Bihar and its authorities. 2. These writ petitions have been filed by the petitioners against the orders of suspension of their respective licenses for running fair price shop under the Public Distribution System. 3. Grievance of the petitioners is that respondents- authorities are continuing the suspension of their respective 3 licences beyond the period of ninety days. 4. Although learned counsel for the respondents all the cases vehemently opposes the contention of learned counsel for the petitioners, but law is very clear in this regard. Clause-7 of the 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 ) specifically provides that suspension is a punishment and it cannot exceed ninety days. Earlier also Sub- clause (ii) of Clause 11 of the Bihar Trade Articles ( Licenses Unification) Order, 1984 (hereinafter referred to as ‘the Bihar licensing Order of 1984’ for the sake of brevity ) provided that the license can be suspended for a period not exceeding ninety days and this matter has been settled by a plethora of decisions of this court including the Judgments in case of M/s Yugal Kishore Rastogi Vs The State of Bihar, reported in 1988 PLJR 571 as well as the decision of this court in Pradhuman Chaudhary vs The State of Bihar and Others( C.W.J.C No. 6966 of 2008 and other cases) decided on 14.07.2010. 5. In the said circumstances, these writ petitions are allowed with a direction/observation that the orders of respondents-authorities concerned suspending respective licenses of the petitioners would be limited to ninety days only from the date of suspension, whereafter the respective orders of 4 suspension of the licenses of the petitioners would cease to have any legal effect. Ranjan (S. N Hussain, J.)