IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11866 of 2006 Vijay Paswan son of Sri Krishna Paswan, resident of village Mahamadpur, P.S. Chandi, Sub-division Hilsa, District Nalanda … .. Petitioner Versus 1. The State Of Bihar through the Secretary, Food, Supply and Commerce Department, Old Secretariat, Patna, 2. The Sub-Divisional Officer, Hilsa, District Nalanda, … Respondents For the Petitioner: Mr. Rajeev Kr. Labh, Advocate For the State: Mr. Surendra Pandey, AC to SC 23 ----------- 2 30.06.2011 It is submitted on behalf of the petitioner that though his licence for fair price shop could not be renewed, but still he was allowed to work for further five months and in June 2006 he had deposited the fee and application. Learned counsel for the State submits that from Clause (5) of the Annexure A, which is contained in the Bihar Trade Articles(Unification Order), 1984, it is quite clear that the time for furnishing such application along with the fee was till 31st of December and with late fine up to the 31st January of the subsequent year. But the petitioner has applied after delay of six months and hence the same was cancelled. However, learned counsel for the petitioner again submitted that the said provision has been modified later on during pendency of the writ application and now after payment of certain 2 fee even after expiry of six months the licence could be modified. Learned counsel for the petitioner seeks permission to withdraw this writ application to file application before the concerned authority for renewal under the new Control Order in the aforesaid facts and circumstances. Learned counsel for the State does not have any objection. Permission is accorded. As a result, this writ application is dismissed as withdrawn with the aforesaid liberty. If such an application is filed by the petitioner within eight weeks from today along with a copy of this order, the concerned authority shall consider the same on its own merit and in accordance with law within eight weeks thereafter. It is made clear that this Court has not formed any opinion with regard to the merit of the case of the petitioner. SC (Dr. Ravi Ranjan, J.)