IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7090 of 2010 Jitendra Chaudhary son of Late Kanhai Chaudhary, Resident of village-Shadipur, Police Station-Chandauti, District-Gaya. …..Petitioner. Versus 1. The State of Bihar. 2. The Collector, Gaya. 3. The Sub-Divisional Officer, Sadar Gaya. 4. The District Supply Officer, Gaya. 5. The Block Supply Officer, Sadar Gaya. ….Respondents. ----------- For the petitioner : M/s Abbas Haider & Binay Kumar, Advocates. For the respondents : Mr. Anis Akhtar, A C to G A 3 ---------- 08/ 14.11.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging order dated 03.04.2010 by which the Sub-Divisional Officer, Sadar Gaya cancelled Licence No.85 of 2007 of the petitioner granted under Bihar Trade Articles (Licences Unification) Order, 1984 and now under Public Distribution System Control Order, 2001 for running fair price shop. 3. The claim of the petitioner is that although the law provides that the said authority should have exercised its independent mind while passing an order of cancellation, the said authority was influenced by the extraneous consideration due to which the said order has been passed against the specific provisions and the facts of the case. 4. Learned counsel for the respondents opposes the contentions of learned counsel for the petitioner and submits that an appellate forum is prescribed under the provisions of law, but the petitioner without utilizing - 2 - the said provision has approached this Court. 5. In the aforesaid facts and circumstances, this writ petition is disposed of with a liberty to the petitioner to approach the appellate authority by way of filing an appeal under the relevant provisions of law. If such an appeal is filed by the petitioner before the appellate authority along with an application for condoning the delay within two weeks from today, the said authority shall consider that the delay caused due to filing of this writ petition and shall decide the appeal on merits without being influenced by any extraneous consideration. The said appeal must be disposed of expeditiously, preferably within a period of two months from the date of its filing. Sunil (S. N. Hussain, J.)