IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18375 of 2008 OM PRAKASH SAH, Son of Late Devendra Sah, Resident of Village & P.O.- Dhurlakh, P.S.- Samastipur, District- Samastipur ------------Petitioner Versus 1. THE STATE OF BIHAR though the Secretary Food and Consumer Protection Department, Old Secretariat, Patna 2. The District Magistrate, Samastipur, Distric-Samastipur 3. The Sub-Divisional Officer, Samastipur, District- Samastipur --------------Respondents ----------- 2. 07.09.2010 Heard learned counsel for the petitioner and learned counsel for the State. 2. This writ petition has been filed by the petitioner challenging order dated 01.09.2008 passed by Sub-Divisional Officer, Samastipur by which his licence of P.D.S. dealer was cancelled. 3. The provision of appeal is specifically given in clause 15 of the Govt. of Bihar, Food Supply & Commerce Department, Public Distribution System (Control) Order 2001 and hence learned counsel for the petitioner seeks permission to withdraw this writ petition with a liberty to file appeal against the said order. 4. Accordingly this writ petition is dismissed as withdrawn with the said liberty. However, if such an appeal is filed before the District Magistrate, Samastipur within 15 days along with a copy of this 2 order as well as an application for condoning the delay, the said appellate authority shall consider the appeal on its own merits in accordance with law realizing that the delay has been caused due to the pendency of this writ petition. 5. If the said appeal is filed within the said period it must be decided by the appellate authority within four months. Anand Kr. ( S. N. Hussain, J.)