IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2027 of 2007 DILIP PASWAN, S/o Sri Nanhuku Ram @ Nanhuku Paswan, R/o Village- Piprahi, P.O.- Ekauna, P.S.-Goh, District-Aurangabad. ………. Petitioner Versus 1. THE STATE OF BIHAR, through Secretary, Food, Supply and Commerce Department, Government of Bihar, Patna 2. District Magistrate, Aurangabad 3. Sub Divisional Officer, Daudnagar, District-Aurangabad. 4. Block Supply Officer, Goh, District- Aurangabad. 5. Supply Inspector, Goh, District-Aurangabad. ………. Respondents. ----------- 2. 20-09-2010 1. Heard learned counsel for the petitioner and learned counsel for the State. 2. This writ petition has been filed by the petitioner challenging order dated 02-12-2006 (Annexure-1) of the licensing authority by which petitioner’s licence of Fair Price Shop under the Public Distribution System was cancelled. 3. After some arguments, learned counsel for the petitioner seeks permission to withdraw this writ petition with a liberty to challenge the said order of cancellation before the District Magistrate in appeal under Clause 15 of the Government of Bihar, Food Supply & Commerce Department, Public Distribution System (Control) Order, 2001. 4. Considering the facts and circumstances of this case, and as prayed for, this writ petition is disposed of as withdrawn with the aforesaid liberty. 5. However, if the petitioner files the aforesaid appeal before the appellate authority within 15 days along with a copy of this order as well as an interlocutory application for condoning the delay, 2 the appellate authority shall consider the fact that delay was caused due to pendency of the writ petition and shall decide the appeal expeditiously on its own merits in accordance with law. Sujit ( S.N.Hussain, J.)