- (1.) SEEKING a direction upon the respondent no. 3Sub Divisional Officer, Chattarpur, Palamau to release the shop of the petitioner, which has been suspended vide memo dated 20.09.2012, the present writ petition has been filed.
(2.) BRIEFLY stated, the petitioner was granted licence with respect to a PDS shop at Chattarpur. A First Information Report being F.I.R. No. 55 of 2012 for offence under Sections 414/411 of the Indian Penal Code and Section 7 of the Essential Commodities Act, was lodged and vide memo dated 20.09.2012, the licence of the said PDS shop was suspended.
(3.) THE learned counsel appearing for the petitioner submits that in terms of Section 11 of the Bihar Trade Articles (Licences Unification) Order, 1984, a licence cannot be kept suspended for more than 90 days however, in the present case, till date no decision has been taken by the respondentSub Divisional Officer. It is further submitted that a licence may be cancelled only on the allegation of breach of condition of licence and merependency of a criminal case cannot be a ground for keeping the licence with respect to the PDS shop suspended for an indefinite period. Ms. D.S.Hirani, J.C. to A.A.G., the learned counsel for the respondentState of Jharkhand submits that in the F.I.R. no. 55 of 2012, chargesheet has been submitted.;