Bibi Nargis v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10151 of 2013 ====================================================== Bibi Nargis W/O Md. Maswood Aslam R/O Village- Thariya Bakiya, Gram Panchayat, Bokra, P.O.- Doria Sonapur, P.S.- Simraha, District- Araria .... .... Petitioner/s

Versus

1. The State Of Bihar, Through The Secretary Null Food And Consumer Protection Department, Government Of Bihar, Patna

2. The Collector Cum District Magistrate, Araria

3. The Sub-Divisional Officer, Forbesganj, District- Araria

4. Block Supply Officer, Forbesganj, Distt.- Araria .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhola Prasad, Advocate For the Respondent/s : Mr. USS Singh, GP 5. ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 14-08-2015 The petitioner, being a PDS dealer having Licence no. 3F/1996 within Forbesganj Sub division, submits that his licence has been suspended by respondent no.4 vide order dated 6.4.2013 in view of lodging of a criminal case which is not sustainable in law in view of 2011 amendment of Control orders, 2007 deleting the power to suspend the PDS licence, much less during pendency of a criminal case. I find substance in the submissions of the petitioner. As such, the impugned order suspending petitioner's licence is set aside.

The respondents are at liberty to proceed in matter accordance with law.

The writ petition is thus disposed of.

(Samarendra Pratap Singh, J) Shashi.

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