Patna High CourtCWJC/25704/2013disposed

Radhey Prasad Sah v. The State Of Bihar And ORS

2015-09-15Mr. Justice Samarendra Pratap Singh2 pages

Patna High Court CWJC No.25704 of 2013 (3) dt.15-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25704 of 2013 ======================================================

1. Radhey Prasad Sah S/O Late Narsingh Prasad Sah Resident Of Village Bhalua Kaul, Police Station Kharagpur, District Munger. .... .... Petitioner

Versus

1. The State Of Bihar Through Principal Secretary, Food And Civil Supply, Government Of Bihar, Patna.

2. The Divisional Commissioner, Bhagalpur.

3. The District Magistrate, Munger.

4. The District Supply Officer, Munger.

5. The Sub Divisional Officer, Kharagpur, District Munger.

6. The District Manager, State Food Corporation, Munger.

7. The Inspector, Supply, Kharagpur, District Munger.

8. The Assistant Godown Mnger, Kharagpur, District Munger. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Shivendra Kumar Sinha For the Respondent/s : Mr. Manoj Kr. Ambastha ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 15-09-2015 The petitioner is a holder of PDS licence bearing licence No.97 of 2007 under Kharagpur Block in the district of Munger. He is aggrieved by order dated 20.4.2009 by which his licence has been suspended in view of the pendency of the criminal case under clause 7(3) of 2007 Order.

The respondent State in its counter affidavit states that the criminal case is still pending.

In my view, it would be unreasonable to keep the license under suspension for six years on the ground of pendency of the criminal proceeding. Further more, the provisions which permitted suspension of licence pending criminal prosecution has been

Patna High Court CWJC No.25704 of 2013 (3) dt.15-09-2015 withdrawn in the year 2011.

In the facts of the case, I direct that if the criminal case is not decided within three months, the suspension of the licence of the petitioner would stands automatically vacated. In the result, this writ application is allowed to the extent mentioned above.

(Samarendra Pratap Singh, J) KHAN/- U