IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.17328 OF 2009 ARBIND KUMAR, SON OF SHRI BHOLA CHOUDHARY, RESIDENT OF VILLAGE DUMARI, POLICE STATION BIRAUL, DISTRICT DARBHANGA VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, DARBHANGA 3. THE DISTRICT AGRICULTURE OFFICER, DARBHANGA 4. THE SUB DIVISIONAL OFICER, BIRAUL, DISTRICT DARBHANGA 5. THE SUB DIVISIONAL AGRICULTURE OFFICER, BIRAUL, DISTRICT DARBHANGA 6. THE BLOCK AGRICULTURE OFFICER, BIRAUL, DISTRICT DARBHANGA *********** 4 11/11/2011 Heard Counsel for the petitioner and the State. The petitioner’s license as a fertilizer dealer was suspended vide memo no. 871 dated 29.10.2009 (Annexure-6), on the ground that a criminal case has been instituted against him. Learned Counsel for the petitioner submits that the criminal case has been quashed by this Court vide order passed in Criminal Misc. No. 16473 of 2010. While quashing the said criminal case, this Court has observed that after verification, it was found that the petitioner who was a dealer had all the relevant documents which were found to be genuine regarding the stock of fertilizers. Considering this aspect, this Court quashed the criminal proceedings against the petitioner. Counsel for the petitioner submits that 2 without issuing show cause etc., the license of the petitioner was suspended. It may be proper to suspend the license once a criminal case is instituted, however, since the basis of suspension no longer exist, the petitioner’s license ought to be restored and he should be allowed to continue to deal in the fertilizers as per the law. The District Agriculture Officer, Darbhanga should pass an appropriate order in the terms recorded above within a period of two months. The order dated 29.10.2010 as contained in Anneuxre-6 is accordingly quashed as far as it concerns the above named petitioner. This writ application is thus allowed. Anand ( Sheema Ali Khan, J. )