PARVATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and learned Counsel for the State.

(2.) This writ petition has been filed by the Petitioner challenging order of the Sub-Divisional Officer-cum-Licensing Authority, Muzaffarpur West (Respondent No. 4) vide memo No. 872 dated 8.12.2008 (Annexure-1) by which the licence of the P.D.S. shop of the Petitioner was suspended with immediate effect and since then the licence of the Petitioner has remained suspended, although more than one and half years have lapsed.

(3.) learned Counsel for the Petitioner submits that although there was an F.I.R. against the Petitioner, but in that F.I.R. the licence number of the Petitioner's P.D.S. shop was not mentioned. He places reliance upon a decision of a Division Bench of this Court in case of M/s Swami Distributors v. State of Bihar and Ors.,1990 1 PatLJR 210in which it was held that there is no power of suspension provided in the Bihar Trade Articles (Licenses Unification) Order, 1984 (hereinafter referred to as 'the Bihar Licensing Order of 1984' for the sake of brevity) during the pendency of the criminal case under Section 7 of the Essential Commodities Act, 1955 (hereinafter referred to as 'the Act'). Hence, he submits that the said order of the authority is absolutely illegal and is void and has to be set aside.