IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17471 of 2010 Shambhu Prasad Singh, son of Sri Parmanand Singh, resident of village- Dhabauli, P.S.-Sour Bazar, District-Saharsa. …… Petitioner. Versus 1. The State of Bihar through the Secretary Food and Consumer Protection Department, Old Secretariat, Patna. 2. The Assistant District Supply Officer, Sadar Saharsa, District- Saharsa. 3. The Sub-Divisional Officer, Saharsa, District-Saharsa. ……. Respondents. ----------- 02/ 09.11.2010 Heard learned counsel for the petitioner and learned counsel for the respondents. This writ petition has been filed challenging order dated 26.09.1996 (Annexure-1) by which the licensing authority, namely Sub-Divisional officer, Saharsa (respondent no.3) cancelled the fair price shop licence of the petitioner although earlier the said licence of the petitioner was suspended by the Assistant District Supply Officer, Sadar Saharsa vide order dated 17.10.1994 (Annexure-4). Both the aforesaid orders are prior to coming into force of the Govt. of Bihar, Food Supply & Commerce Department Public Distribution System (Control) Order, 2001, notified vide G.S.R.1 dated 20.02.2007 and hence they are governed under the provision of Bihar Trade Articles (Licences Unification) Order, 1984 (hereinafter referred to as ‘the Licensing Order of 1984’) in which the suspension was an interim measure and not a punishment in itself. In the said circumstances, learned counsel for the - 2 - petitioner seeks permission to withdraw this writ petition with a liberty to file an appeal under the provision of Clause 28 of the Licensing Order of 1984 and/ or under Clause 15 of the Control Order, 2001. The prayer is allowed. This writ petition is disposed of with the aforesaid liberty. So far the question of appeal is concerned, petitioner will be at liberty to file an interlocutory application for condoning the delay before the appellate authority. Sunil (S. N. Hussain, J.)