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2010 DIGILAW 2288 (PAT)

Harendra Sah @ Harendra Pd. Sah S/o Lalji Sah v. State Of Bihar

2010-10-04

S.N.HUSSAIN

body2010
JUDGEMENT 1. Heard learned counsel for the petitioner and learned counsel for the State of Bihar and its authorities. 2. This writ petition has been filed challenging the order dated 3.6.2008 (Annexure- 3) by which the Sub-Divisional Officer, West Muzaffarpur (respondent no. 3) suspended petitioners Fair Price Shop License under the Public Distribution Systerri due to the pendency of criminal case against the petitioner bearing Case No. 43 of 2008, P.S.- Baruraj, for the offence punishable u/s 420 of the Indian Penal Code as well as Section 7 of the Essential Commodities Act. However, subsequently vide order dated 11.2.2010 (Annexure-5), the Sub-Divisional Judicial Officer dropped the said case on the basis of final form submitted by the police and no objection was raised thereto by the prosecution. 3. Learned counsel for the petitioner submits that no order of cancellation has been passed by the authorities concerned who are now bound to consider the question of revocation of suspension under the provision Section 7(iii) of the Government of Bihar, Food, Supply and Commerce Department, Public Distribution System (Control) Order, 2001. 4. In the aforesaid facts and circumstances, this writ petition is disposed of with direction to the petitioner to approach the Sub-Divisional Officer, West Muzaffarpur alongwith a copy of the order dated 11.2.2010 passed by the Sub-Divisional Judicial Magistrate, West- Muzaffarpur within fifteen days from today and the said authority shall dispose of the said matter in accordance with the afore said provisions of law within one month thereafter.