IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8920 of 2005 1. Chandramauli Paswan, son of Shyamli Paswan 2. Madhurendra Kumar, son of Rajendra Prasad Singh Both residents of village Mor, P.S. Mokama, District Patna………………………………………..…Petitioners. Versus 1. The State Of Bihar. 2. Sub-Divisional Officer, Barh, Patna………….Respondents. For the petitioners : Mr. D.N. Tiwary, Advocate. For the respondents : Mr. Syed Arshad Alam (SC-III) with Mr. Fakhruddin Ali Ahmad, AC to SC -III ----------- 03/ 27.06.2011 Heard learned counsel for the petitioners and learned counsel for the respondents. 2. This writ petition has been filed by the petitioners challenging order dated 10/12.03.1998 by which the Sub-Divisional Officer, Barh cancelled P.D.S. License of the petitioners on the ground that a criminal case was lodged against them for offence punishable under section 7 of the Essential Commodities Act, 1955. 3. Learned counsel for the petitioners submits that in the said criminal case the petitioners have been acquitted vide judgment dated 10.03.2005 by the Sub-Divisional Judicial Magistrate, Barh because prosecution failed to prove its charges levelled against the petitioners. 4. Under the provision of Clause 28 of the Bihar Trade Articles (Licenses Unification) Order 1984 a provision of appeal has been provided to any aggrieved person for challenging orders of the Licensing Authority such as the aforesaid impugned order. Furthermore, in Clause-15 of the Government of Bihar, Food Supply & Commerce Department Public Distribution System (Control) - 2 - Order 2001 notification G.S.R. 1 dated 20.02.2007 also a provision of appeal has been made. 5. In the aforesaid facts and circumstances, learned counsel for the petitioners seeks permission to withdraw this writ petition with a liberty to file an appeal as per the aforesaid provisions of law. The prayer is allowed and this writ petition is disposed of as withdrawn with the aforesaid liberty. If an appeal under the aforesaid provisions of law is filed by the petitioners within four weeks 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 pendency of this writ petition and shall decide the case in accordance with law expeditiously. Harish (S.N. Hussain, J.)