Shyam Nandan Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4792 of 2014 =========================================================== Shyam Nandan Prasad S/O Late Baij Nath Prasad R/O Village New Itwarpur, P.S. Parsa, District Patna.

.... .... Petitioner/s

Versus

1. The State Of Bihar.

2. Secretary, Food and Civil Supply, Government of Bihar, Patna.

3. District Magistrate, Patna.

4. Special Rationing Officer, Patna.

5. Marketing Officer, Patna, District Patna.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Prasad Singh, Advocate For the Respondent/s : Mr. G.P.-18 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 13-12-2016 Heard parties.

The petitioner is aggrieved by the order dated 8.11.2012, as contained in Annexure-2, by which his licence for vending kerosene oil granted under the Bihar Trade Articles (Licences Unification) Order, 1984 has been suspended in view of first information report having been lodged against the petitioner under Section 7 of the Essential Commodities Act.

It is contended on behalf of the petitioner that his licence was suspended in a proceeding for proposed cancellation and the life time of such suspension would be only 90 days. Counter affidavit has been filed on behalf of the

Patna High Court CWJC No.4792 of 2014 dt.13-12-2016 2/2 respondents. Learned counsel for the State submits that since FIR was lodged against the petitioner, a decision has been taken that the licence would remain suspended till finalization of the criminal case. However, learned counsel for the State has miserably failed to demonstrate from any provision of statute or law that such provision exists for keeping the vending licence under suspension till finalization of police case by a competent court of jurisdiction. Accordingly, in my view, since the life time of suspension in a proceeding for cancellation of licence would be only for 90 days, the order impugned cannot be sustained in law. As a result, this application succeeds. The order impugned, as contained in Annexure-2, is quashed and set aside. The licence of the petitioner stands restored till a decision is taken by the court of competent jurisdiction in the concerned criminal case. (Dr. Ravi Ranjan, J) V.K. Pandey/- AFR/NAFR N.A.F.R.

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