IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15987 of 2009 MOSMAT RAJ KUMARI DEVI, W/O LATE VIJAY KUMAR SINGH, R/O VILL-ARIYAN, P.S-KRISHNA BRAHM, DISTT- BUXAR. …..PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, FOOD AND CIVIL SUPPLY DEPARMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE DISTRICT MAGISTRATE, BUXAR. 3. THE BLOCK SUPPLY OFFICER, DUMRAON, BUXAR. 4. THE DISTRICT SUPPLY OFFICER, BUXAR. …..RESPONDENTS. ----------- For the petitioner : Mr. N.K.Agrawal, Senior Advocate. Mr. Anil Kumar Roy, Advocate. For the respondents : Ms. Pallavi Thakur, A.C to G.A.7. -------- 04/ 17.08.2010 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging order dated 28.10.2009 (Annexure-2) by which Sub- Divisional officer, Dumraon, Buxar (respondent no.3) cancelled petitioner’s Fair Price Shop Licence No. 52 D of 2006 which was granted to him under Public Distribution System in terms of the Bihar Trade Articles (Licenses Unification) Order, 1984. 3. Learned counsel for the respondents submits that an appeal is provided in law for challenging such order before the Collector of the district. 4. In the said circumstances, learned counsel for the petitioner seeks permission to withdraw this writ petition with a liberty to file an appeal before the authority concerned in accordance with the provisions of law. - 2 - 5. Accordingly, this writ petition is disposed of as withdrawn with the aforesaid liberty to the petitioner. However, if the petitioner files an appeal before the said authority within fifteen days from today along with a copy of this order as well as an interlocutory application for condoning the delay the appellate authority shall consider the delay caused due to the pendency of this writ petition and shall decide the appeal on merits in accordance with law expeditiously, preferably within a period of four months from the date of filing of the appeal. Sunil (S. N. Hussain, J.)