WP(C) 4726/2011 BEFORE THE HON’BLE MR JUSTICE A.K. GOSWAMI The petitioner is aggrieved by an order of cancellation of the retail licence un der Clause 15 (1) of The Assam Public Distribution of Articles Order, 1982 issu ed by the Licensing authority, the Assistant Director, Deputy Director I/c Food and Civil Supplies & Consumer Affairs, Tinsukia. The order of cancellation is an appealable Order under Clause 29. However, in te rms of Clause (2) of Clause 29, no such appeal shall be entertained if not prefe rred within 30 days from the date of receipt of the order appealed against by th e appellant. Clause 30 provides that the Commissioner, suo moto or on an appli cation may call for the record of any case decided by the Deputy Commissioner, S ub-Divisional Officer or the Licensing Authority under the provisions of this Or der and if he is satisfied that the Deputy Commissioner, Sub-Divisional Officer or the Licensing Authority - (a) has exercised a jurisdiction not vested in hi m or it, or (b) has exercised the jurisdiction vested in him or it with the mate rial irregularity, or (c) has improperly failed to exercise the jurisdiction ves ted in him or it, he may pass such orders as he thinks fit. Mr. J. Handique, learned Government Advocate submits that the petitioner had rec eived the impugned order on 19-07-2011 and therefore, a period of one month ha s already elapsed. He, however, submits that this Court may direct the petitione r to prefer an appal before the appellate authority with a further direction to the appellate authority to entertain the appeal and to dispose of the same. Mr. L.K. Bora, learned counsel for the petitioner submits that the petit ioner will have no objection to prefer an appeal before the appellate authority. Having heard the learned counsel the parties, the writ petition is disposed of b y providing that the petitioner may prefer an appeal before the appellate author ity within a period of 10 days from today, and if the petitioner files the appe al within the aforesaid period of 10 days, the appellate authority shall enterta in the appeal and dispose of the same in accordance with law.