IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16871 of 2008 Ananddev Paswan, son of Sri Mahadev Paswan, Resident of Village- Raghunath Khap, P.S. Gurua, District-Gaya ………………. Petitioner Versus 1. The State Of Bihar through Commissioner-cum-Secretary, Food and Civil Supplies Department, Government of Bihar, Patna. 2. The District Magistrate, Gaya 3. The Sub-Divisional Officer, Sherghati at Gaya 4. The District Supply Officer, Gaya 5. The Incharge Block Supply Officer, Gurua, Gaya ….. Respondents. with CWJC No.5617 of 2009 Ananddev Paswan, son of Sri Mahadev Paswan, Resident of Village- Raghunath Khap, P.S. Gurua, District-Gaya ………………. Petitioner Versus 1 The State Of Bihar through Commissioner-cum-Secretary, Food and Civil Supplies Department, Government of Bihar, Patna. 2 The District Magistrate, Gaya 3 The Sub-Divisional Officer, Sherghati at Gaya 4 The District Supply Officer, Gaya 5 The Incharge Block Supply Officer, Gurua, Gaya ….. Respondents. ----------- For the petitioner: Mr. Javed Jafar Khan, Advocate For the State: Mr. Satish Kr. Sinha, AC to AAG 4. ----------- 2. 14.05.2009 CWJC No. 16871 of 2008 has been filed against the order dated 16.10.2008 by which the fair price shop licence of the petitioner was suspended. It is submitted by learned counsel for the petitioner that the writ application has become infructuous on account of the subsequent order dated 18.11.2008 by which the said licence has been cancelled and which is impugned in the other writ application (CWJC No. 5617/2009). In the aforesaid circumstances, CWJC No. 16871/2008 is dismissed as infructuous. With respect to CWJC No. 5617/2009, learned counsel - 2 - for the State submits that there is provision for appeal against the said order and the petitioner has approached this Court without exhausting the statutory remedy available to him. Faced with the said situation, learned counsel for the petitioner seeks permission to withdraw CWJC No. 5617/2009 with a liberty to approach the appellate authority against the impugned order. CWJC No. 5617 of 2009 is accordingly dismissed as withdrawn with the aforesaid liberty. S.Pandey (Ramesh Kumar Datta, J.)