IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6111 of 2010 RAJENDRA PASWAN S/O BIPAT PASWAN R/O VILL AKHTIYARPUR, P.S.SARAIRANJAN, DISTT-SAMASTIPUR …PETITIONER. VERSUS 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE, SAMASTIPUR. 3. THE DISTRICT SUPPLY OFFICER, SAMASTIPUR, DISTT- SAMASTIPUR. 4. THE SUB DIVISIONAL OFFICER, SAMASTIPUR, DISTT- SAMASTIPUR. 5. THE SUPPLY INSPECTOR, SARAIRANJAN, DISTT- SAMASTIPUR. …RESPONDENTS. ----------- For the petitioner : Mr. Amitabh Bhradwaj, Advocate. For the respondents : Mr. Ravi Kumar, A.C. to S.C.21. ------ 02/ 05.10.2010 Heard learned counsel for the petitioner and learned counsel for the State of Bihar and its authorities. 2. This writ petition has been filed by the petitioner challenging order dated 28.12.2007 (Annexure-1) by which Sub- Divisional Officer, Samastipur cancelled his fair price shop licence no.12 of 2002 issued under Public Distribution System. He also prays for restoration of licence of the petitioner after setting aside order of suspension passed by the said authority on 21.11.2006 (Annexure-3). 3. From the facts and circumstances of the case it transpires that on 16.11.2006 Saraiganj P.S.Case No.116 of 2006 (Annexure-2) was initiated against the petitioner for offence punishable under Section 7 of the Essential Commodities Act, 1955 and on its basis petitioner’s licence was suspended by Sub- Divisional Officer, Samastipur vide order dated 21.11.2006 - 2 - (Annexure-3). 4. It further transpires that for obtaining bail petitioner filed Cr.Misc. No.35948 of 2007 which was allowed by a bench of this court on 14.09.2007 (Annexure-5) also directing the Sub- Divisional Officer, Samastipur to initiate a proceeding for cancellation of petitioner’s licence. Thereafter petitioner’s licence was cancelled by the aforesaid Sub-Divisional Officer vide order dated 28.12.2007 (Annexure-1) on the basis of the above mentioned F.I.R (T.R.No.1674 of 2009, G.R.No.2063 of 2006). 5. But the said criminal case was dropped by the Sub- Divisional Judicial Magistrate, Samastipur vide judgment dated 14.10.2009 (Annexure-6) acquitting the petitioner. Hence, the petitioner filed an application dated 08.03.2010 (Annexure-7) before the District Magistrate stating the aforesaid facts and praying restoration of his licence. When no order was passed by the District Magistrate, Samastipur, the petitioner has approached this court. 6. From the aforesaid facts and circumstances as well as from the provisions of law it is quite apparent that if a criminal case is initiated against any licencee for offence punishable under the Essential Commodities Act his licence has to be suspended under the provision of Section 7(iii) of the Government of Bihar, Food Supply and Commerce Department, Public Distribution System (Control) Order, 2001 and that suspension has to continue till the criminal case against such licencee has ended. However, - 3 - during the pendency of the said criminal case against the petitioner an order was passed on 28.12.2007 (Annexure-1) by the Sub- Divisional Officer cancelling the licence of the petitioner although this court while considering bail matter had only directed initiation of a proceeding against the petitioner. In the aforesaid facts and circumstances, it is quite apparent that no occasion had arrived for cancellation of licence of the petitioner as the petitioner had not been convicted. 6. It is also apparent from the provision of Clause 7(iii) of the aforesaid Order of 2001 that licence has to remain suspended only till the pendency of the criminal case against the licencee. Hence, once the petitioner is acquitted the authorities concerned are duty bound to revoke the suspension if there is no material against the licencee. But in spite of the aforesaid fact and in spite of the petition filed by the petitioner the said suspension of petitioner’s licence vide order dated 21.11.2006 (Annexure-3) has not been revoked by the authorities concerned, although it was the duty of the Sub-Divisional Officer to pass such order in accordance with the provisions of law. 7. Accordingly, this writ petition is allowed, order dated 28.12.2007 (Annexure-1) passed by the Sub-Divisional Officer cancelling licence of the petitioner is hereby quashed. Petitioner is directed to approach the Sub-Divisional Officer, Samastipur for revocation of the suspension of his licence vide order dated 21.11.2006 (Annexure-3) in view of his acquittal in the criminal - 4 - case. However, if the petitioner files an application to the aforesaid effect before the said authority within fifteen days from today along with a copy of this order, the said authority will pass order in accordance with law as well as the aforesaid observation within 30 days thereafter. Sunil (S. N. Hussain, J.)