IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2629 of 2011 JEEWACHH MAHTO, GRAM PANCHAYAT JAHAGIRPUR, ANCHAL POLICE STATION KHANPUR, SAMASTIPUR. Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY DEPT OF FOOD, CIVIL SUPPLIES, GOVERNMENT OF BIHAR. 2. THE PRINCIPAL SECRETARY DEPT OF FOOD, CIVIL SUPPLIES, GOVERNMENT OF BIHAR. 3. THE DY SECRETARY DEPT OF FOOD, CIVIL SUPPLIES, GOVERNMENT OF BIHAR. 4. THE DISTRICT OFFICER CUM DISTRICT COLLECTOR CUM DISTRICT MAGISTRATE SAMASTIPUR 5. THE DSO, SAMASTIPUR 6. SUB DIVISIONAL OFFICER SAMASTIPUR SADAR 7. THE BSO, KHANPUR, SAMASTIPUR. ----------- 2 11.07.2011. The petitioner was granted fair price licence bearing licence no. 183 of 2007. He states that there was no reason to cancel his licence as he was not in a position to distribute the wheat because of non supply of the same to him. He submits that the wheat of July, 2009 was given only in October, 2009 and thereafter distributed the same between 8th to 13th October, 2009 after taking coupons. He submits that allegation of tearing the coupons is false. On this basis, learned counsel submits that there was no deliberate act of omission for not supplying the wheat either in the month of July or August, 2009. The petitioner submits that he has moved this Court in view of order dated 20.9.2010, passed in C.W.J.C.No. 12462 of 2010. 2 Counsel for the State submits that the view taken in the aforesaid case has already been referred to a Division bench of this court. Counsel for the petitioner submits that in any view of the matter, on the facts the instant case has merit, as such the case may be disposed of on basis of facts. In my view, the petitioner should first approach the Appellate forum for his relief. The petitioner should file an appeal before the appellate authority along with application for condonation of delay. The application for condoning the delay would be considered sympathetically. The learned appellate court would examine whether the contention of the petitioner has substance and he could not distribute wheat, as he did not receive the same himself. Writ petition is thus disposed of. Shashi. (Samarendra Pratap Singh, J.)