IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 3003 of 2010 1. M/S SAHU AGENCY,A PROPRIETORSHIP FIRM CHOTI KESHAWPUR,DHARHARA ROAD,JAMALPUR.THROUGH ITS PROPRIETOR SRI PARMANAND SAH,S/O LATE BADRI PRASAD SAH R/O-CHOTI KESHAVPUR,DHANAMPUR ROAD,P.S.JAMALPUR,DISTT-MUNGER Versus 1. THE STATE OF BIHAR ,THROUGH THE PRINCIPAL SECRETARY-CUM- COMMISSIONER ,DEPARTMENT OF FOOD AND CONSUMER PROTECTION GOVERNMENT OF BIHAR,PATNA 2. THE JOINT SECRETARY,DEPARTMENT OF FOOD AND CONSUMER PROTECTION GOVERNEMENT OF BIHAR,PATNA 3. THE DISTRICT MAGISTRATE -CUM-COLLECTOR MUNGER 4. THE BLOCK SUPPLY OFFICER JAMALPUR,MUNGER *** For the petitioner : M/s Gautam Kejriwal, Gopal Prasad Gupta, Advocates For the S t a t e : Mr S C 21 *** 2 23.03.2010 The petitioner is a wholesale dealer in kerosene oil holding a licence duly granted under the provisions of the Bihar Trade Articles (Licences Unification) Order, 1984 at Jamalpur in the district of Munger. Petitioner’s grievance is, by order as contained in Memo No 254 dated 11.07.2009, the Collector, Munger, who is the licensing authority, suspended his licence in terms of Clause 11 (2) of the Unification Order pending consideration of proceedings for cancellation of his licence. Petitioner states that he has already filed a show cause on 18.07.2009 and the same is pending consideration by the Collector. The submission being that as provided in Clause 2 of the Unification Order, such a suspension, by way of interim measure, cannot be continued beyond a period of 90 days. The 2 licence having been suspended by order dated 11.07.2009, it could not operate beyond October, 2009 whatever may be the fate of the cancellation proceedings. Having considered the matter, in my view, the learned counsel for the petitioner is correct. In terms of Clause 11 (2) of the Unification Order, the interim suspension cannot continue beyond 90 days and as such, it would be deemed that the order of suspension has been revoked and the licence restored. However, before parting, I direct the Collector –cum- District Magistrate, Munger to conclude the cancellation proceeding at the earliest not later than three months from the date of receipt/production of a copy of this order before him. With these observations, the writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh)