Rameshwar Singh vs The State of Bihar and Others

Barin Ghosh, J.—In terms of sub-section (2) of Section 11 of the Bihar Trade Articles (Licences Unification) Order, 1984, while it is permissible to suspend the licence, but the same cannot be suspended beyond 90 days. In view of a criminal case pending against the petitioner vide Annexure-2 to the Writ Petition passed on 26th May, 2004, the licence of the petitioner was suspended for an indefinite period. The indefinite period, as mentioned in the impugned order, stood crystalised or reduced to 90 days by reason of the mandate contained in the said statutory order. Ninety days having crossed, the order of suspension cannot continue and accordingly the writ petition is allowed by declaring that the suspension effected by the impugned order dated 26th May, 2004 came to an end upon expiry of 90 days from 26th May, 2004, and as such the respondents are directed to commence supply to the petitioner forthwith.

This disposes of the writ petition.