IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.734 of 2008 Vijay Ram S/o Late Indrajeet Ram, resident of Village-Line Parsa, P.S. Balthar, District-West Champaran. …..Petitioner. Versus 1. The State of Bihar. 2. The District Magistrate, West Champaran at Bettiah. 3. The Sub-Divisional Officer, Narkatiaganj, District-West Champaran. 4. The Block Supply Officer, Sikta Block, District-West Champaran. 5. Ashok Kumar @ Bechu Singh, the then Mukhiya, Shikarpur Gram Panchayat under Sikta Block, District- West Champaran. 6. Phul Kumari W/o Ashok Singh @ Bechu Singh, at present, Mukhiya, Shikarpur Gram Panchayat under Sikta Block, District- West Champaran. ….. Respondents. ----------- 03/ 27.09.2010 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 his Fair Price Shop Licence passed by the Sub-Divisional Officer, Narkatiaganj, (respondent no.3) vide memo no.952 dated 08.08.2006 (Annexure-1). 3. Grievance of the petitioner is that respondent- authority is continuing the suspension of his licence beyond the period of ninety days. It is stated by learned counsel for the petitioner on instructions of his client that no criminal case is pending against the petitioner with regard to offence punishable under the provision of Essential Commodities Act, 1955. 4. Although learned counsel for the respondents - 2 - 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 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 (Licences Unification) Order, 1984 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.)