BADRI RISHIDEO S/O LATE CHALITAR RISHI R/O VILL.-BIRPUR, P.O.-POKHARIYA, P.S.-SADAR (O.P.), PURNEA, DISTT.-PURNEA Vs. THE STATE OF BIHAR THROUGH THE SECRETARY, FOOD AND CONSUMER PROTECTION DEPARTMENT OLD SECRETARIAT, PATNA & ORS.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) The petitioner is a P.D.S, dealer within Purnea Sub-Divisional bearing license no. 5 of 1997. A case was instituted against him under Section 7 of the E.C. Act. The Sub-Divisional Officer-cum- Licensing Authority, Sadar Purhea vide letter dated 17.09.2002 issued notice to the petitioner as to why his license be not suspended because of institution of a case under Section 7 of the E.C. Act. Eventually the license was cancelled in the year, 2004 but soon thereafter it was restored in the same year. The aforesaid fact would appear from the impugned order contained in Memo no. 505 dated 3,7.2008 (Annexure-1).

(3.) Again on 7.6.2008, the licensing officer suspended the license of the petitioner on account of pendency of the same criminal case now in view of Clause 7(iii) of Bihar Control Order notified in the year 2007. The petitioner preferred an appeal against the order of suspension before the appellate authority, which was remanded to the Sub-Divisional Officer for fresh consideration.