Patna High CourtCWJC/19592/2013allowed

Basudeo Mandal v. The State Of Bihar And ORS

2015-09-29Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19592 of 2013 ====================================================== Basudeo Mandal Son Of Late Ram Kishore Mandal Resident Of VillageKhulha Rajai, P.S. Sri Nagar, District-Madhepura .... Petitioner/s

Versus

1. The State Of Bihar Through The Secretary, Food And Civil Supply Department, Old Secretariat, Patna

2. The Secretariat, Food And Civil Supply Department, Old Secretariat, Patna

3. The District Magistrate, Madhepura

4. The Sub-Divisional Magistrate, Madhepura

5. The District Supply Officer, Madhepura

6. The Assistant District Supply Officer, Madhepura

7. The Block Supply Officer, Madhepura

8. Block Supply Officer, Kumarkhand, District- Madhepura .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dinesh Prasad Verma For the Respondent/s : Mr. Pawan Kr. Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 29-09-2015 The petitioner seeks quashing of the order dated 12.7.2010, by which his PDS licence no. 179 of 2007 has been suspended by respondent no.4 in view of institution of Sri Nagar Police station Case No. 35 of 2010 under section 7 of the EC Act on 2.7.2010.

Learned counsel for the petitioner submits that after 23.6.2011 amendments, a license cannot be suspended for indefinite on the ground of pendency of a criminal case, as it would be the responsibility of the State to take the criminal prosecution to its logical conclusion within a reasonable time. The submission of the petitioner has substance. A

Patna High Court CWJC No.19592 of 2013 (2) dt.29-09-2015 2/2 criminal case ought not to linger indefinitely. As such, if the criminal case is not disposed of within a period of three months from the date of receipt of copy of the order, suspension of petitioner's licence would automatically vacated. The writ petition is thus allowed to the extent indicated. (Samarendra Pratap Singh, J) Shashi.