IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13578 of 2010 Smt.Sheela Devi, wife of Sri Yogendra Prasad Yadav, resident of Village- Shadpur, P.O.-Panchrukhhi, P.S. Shahpur, 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. ----------- 02/ 26.08.2010 Heard learned counsel for the petitioner and learned counsel for the State and its authorities. This writ petition is being finally heard and decided at this stage at the instance of learned counsel for the parties. 2. This writ petition has been filed by the petitioner against the order of suspension of her Fair Price Shop Licence bearing no.02 of 1995 passed by the Sub-Divisional Officer, Sadar Bhagalpur, (respondent no.2) vide memo no.697 dated 07.11.2009 (Annexure-1). 3. Grievance of the petitioner is that respondents- authorities are continuing the suspension of her licence beyond the period of ninety days. 4. Although learned counsel for the respondents vehemently opposes the contention of learned counsel for the petitioner, 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 - 2 - 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 (Licences Unification) Order, 1984 (hereinafter referred to as `the Bihar Licensing Order of 1984’ for the sake of brevity ) provided that the licence 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 judgment 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 case of Pradhuman Chaudhary vs. The State of Bihar & Ors. (C.W.J.C. No. 6966 of 2008 and other cases) decided on 14.07.2010. 5. In the said circumstances, this writ petition is allowed with a direction/observation that the order passed by the respondent-authority suspending licence of the petitioner would be limited to ninety days only from the date of suspension, whereafter the order of suspension of the licence of the petitioner would cease to have any legal effect. Sunil (S. N. Hussain, J.)