IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13867 of 2008 FULAN PRASAD @ AJAY KR.AMBASTHA @AJAY KUMAR, AGE- 49 YEARS, S/O LATE SHYAM SUNDER PRASAD, R/O MOHALLA- ISHAQUECHAK, MIRJANHAT ROAD, P.S ISHAQUECHAK, DISTRICT- BHAGALPUR. ………….PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY CUM COMMISSIONER, SUPPLY DEPARTMENT GOVERNMENT OF BIHAR, PATNA. 2. DISTRICT MAGISTRATE, BHAGALPUR. 3. SUB DIVISIONAL OFFICER, SADAR, BHAGALPUR. 4. DISTRICT SUPLY OFFICER, BHAGALPUR. 5. ASSISTANT DISTRICT SUPPLY OFFICER, BHAGALPUR. ..…….RESPONDENTS. ----------- For petitioner : Mr. Deepak Kumar Sinha, Advocate. For the State : Mr. Fakruddin Ali Ahmad, Asst. C to SC-4. 02/ 27.09.2010 Heard learned counsel for the petitioner and learned counsel for the State. 2. This application has been filed by the petitioner challenging order dated 25.04.2008 (Annexure-1) by which Sub-divisional Officer, Sadar, Bhagalpur ( respondent no. 3) cancelled Fair Price Shop licence no. 4 of 1988 under the Public Distribution System of the petitioner. 3. After some argument learned counsel for the petitioner seeks permission to withdraw this writ petition with a liberty to file a statutory appeal against the said order. 4. Considering the facts and circumstances of this case, this writ petition is disposed of as withdrawn with the aforesaid liberty. However, if the petitioner files the statutory appeal within 15 days along with a copy of this order and an interlocutory application for condoning the delay, the authority concerned shall consider the same keeping in view the delay - 2 - caused due to the pendency of this writ petition in this court and shall decide the appeal on merits in accordance with law expeditiously. Ranjan (S.N. Hussain, J.)