IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.244 of 2008 GAJENDRA SINGH, SON OF LATE TAPESHWAR SINGH, RESIDENT OF VILLAGE KHAJURI PANCHAYAT NARGHOGHI, P.S. SARAIRANJAN, DISTRICT SAMASTIPUR ……PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, SAMASTIPUR 3. THE SUB-DIVISIONAL OFFICER, SAMASTIPUR SADAR, DISTRICT SAMASTIPUR 4. THE DISTRICT SUPPLY OFFICER, AT, P.S. AND DISTRICT SAMASTIPUR……………………………………RESPONDENTS. ----------- 03/ 04.11.2010 Heard learned counsel for the petitioner and learned counsel for the State and its authorities. This writ petition has been filed by the petitioner challenging order dated 08.11.2006 (Annexure-6) by which Sub- Divisional Officer, Samastipur cancelled Fair Price Shop Licence No.109 of 1991 of the petitioner. After some arguments learned counsel for the petitioner seeks permission to withdraw this writ petition with a liberty to file an appeal before the appellate authority as provided under Clause 28 of the Bihar Trade Articles (Licences Unification) Order, 1984 as well as under Clause 15 of the Government of Bihar, Food Supply & Commerce Department, Public Distribution System (Control) Order, 2001. Considering the aforesaid facts and circumstances of this case, the prayer of the petitioner is allowed and this writ petition is disposed of as withdrawn with the aforesaid liberty. However, if the petitioner files an appeal before the appellate authority as provided under the law within four weeks from today along with a copy of this 2 order as well as an interlocutory application for condoning the delay, the appellate authority shall consider the delay caused due to pendency of this writ petition and shall decide the appeal on merits in accordance with law expeditiously. Harish (S.N. Hussain, J.)