IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9862 of 2010 SHAMBHU NATH RAI S/O DHORA RAI R/O VILL.- MADHOPUR, P.S.- PATORI, DISTT.- SAMASTIPUR Versus 1. THE STATE OF BIHAR 2. THE SUB-DIVISIONAL OFFICER, PATORI, SAMASTIPUR For the petitioner : Mr. N.K.Agrawal, Sr. Advocae. For the State : Mr. N.K.Sinha, A.A.G.-X. ----------- 4. 23-08-2010 1. Heard learned counsel for the petitioner and the learned counsel for the State. 2. This writ petition has been filed by the petitioner challenging order dated 10-05-2010 by which the learned Sub Divisional Officer, Patori, Samastipur cancelled the P.D.S. Licence No. 56 of 1985 granted under the provisions of Government of Bihar, Food Supply & Commerce Department Public Distribution System (Control) Order 2001 notified vide G.S.R.1 dated 20.02.2007(hereinafter referred to as ‘the Bihar Control Order of 2001’ for the sake of brevity). 3. After some arguments, learned counsel for the petitioner seeks permission to withdraw this writ petition in order to file an appeal under clause 15 of the said Order of 2001. 4. Accordingly, this writ petition is disposed of as withdrawn with the aforesaid liberty. However, if the said appeal is filed within 15 days along with a copy of this order and an interlocutory application for condoning the delay, the appellate authority shall consider the delay caused due to the 2 pendency of this writ petition and shall decide the appeal in accordance with law on its own merits. Till final order is passed by the appellate authority, the impugned order dated 10-05- 2010 shall remain stay. Sujit (S.N. Hussain, J.)