IN THE HIGH COUR T OF JUDICATURE AT PATNA LPA No.1581 of 2010 Mohammad Illias S/O Sheikh Zaheer R/O village- Beldari, P.O.- Barwat Pasrain, P.S.- Bettiah Mufassil, Distt.- West Champaran. Versus 1. The State Of Bihar through the Secretary, Food And Civil Supplies, Patna 2. The Commissioner, Tirhut Division, Muzaffarpur 3. The Collector, West Champaran At Bettiah 4. The Sub Division Officer (Sadar) Bettiah, West Champaran. ----------- 2 18.07.2011 This Letters Patent Appeal has been preferred against the judgment and order dated 09.08.2010 passed by learned Single Judge in C.W.J.C. No. 15115 of 2008. The learned counsel for the appellant submitted that the petitioner’s license was cancelled by the impugned order against which he filed an appeal. Appeal was heard and the appellate authority has confirmed the rejection by a reasoned order dealing with all facts. Thereafter, he further submitted that he filed revision. Revisional court has also dismissed the revision of the appellant-petitioner. Learned counsel for the petitioner relied upon a Division Bench Judgment of this Court reported in 1999(1) BLJ 548 (M/s. Umesh Chandra Dinesh Kumar Versus The State of Bihar and others) in which it has been held that the revisional power or appellate power cannot cure the defect or fill up the gap. From the judgment impugned in this appeal clearly indicates that the learned Single Judge has dealt 2 with the issue and after giving his reason has dismissed the C.W.J.C. No.15115 of 2008. It is settled law that in exercise of power under Article 226 the High Court cannot set in appeal, therefore, we are not inclined to interfere with the order impugned passed by learned Singe Judge. Appeal is devoid of merit, dismissed, accordingly. PN (Prakash Chandra Verma, J.) (Aditya Kumar Trivedi, J.)