IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7711 of 2009 ***** Udit Prasad Yadav, son of Late Ramjee Yadav, resident of village+P.O.-Kedli, P.S. Nauhatta, District Saharsa. …. …. Petitioner Versus 1. The State of Bihar through the District Magistrate, Saharsa. 2. Sub Divisional Magistrate, Saharsa. 3. District Supply Officer, Saharsa. …. …. Respondents ----------- 2. 13.7.2009. Heard learned counsel for the petitioner and learned counsel for the State. Learned counsel for the petitioner is permitted to make necessary correction in the supplementary affidavit. By virtue of the order dated 2.3.2009 contained in annexure-3 the Sub- Divisional Officer, Sadar, Saharsa suspended the P.D.S. licence of the petitioner for the reasons indicated in the show-cause which was issued to him in terms of Annexure-1. Petitioner has challenged the order not on the merits of the matter but on a technical point being raised that despite the mandatory provisions of law in this regard which has been promulgated by the State of Bihar in its notification dated 15th February, 2007 while amending the Public Distribution System (Control) Order, 2001 that a licence under Clause - 7(V) can remain suspended for a maximum period of 90 days. Thereafter certain requirements are to be done. Learned counsel for the petitioner relies on a decision rendered in the case of Rama Shankar Ram vrs. The State of Bihar & Ors reported in BBCJ 2006 (3) 233 where a Bench of this Court - 2 - categorically held that on expiry of the period of 90 days the suspension order has to be revoked. With the material being available on the face of the record and the submission which has been made in the writ application the petitioner has made out a case for interference. Suspension order dated 2.3.2009 contained in annexure-3 stands quashed in view of the fact that it has lost its validity and the period of enforcement since 90 days has already elapsed on the face of the record. This writ application stands allowed. Pawan/- (Ajay Kumar Tripathi, J.)