IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7051 of 2010 HARIHAR RAI S/O SRI LADDU RAI R/O VILL.- CHANDPURA, P.S.- RAGHOPUR, DISTT.- VAISHALI Versus 1. THE STATE OF BIHAR 2.THE PRINCIPAL SECRETARY FOOD AND SUPPLY DEPARTMENT, BIHAR, PATNA 3. THE DISTRICT MAGISTRATE VAISHALI AT HAJIPUR 4. THE DISTRICT SUPPLY OFFICER VAISHALI AT HAJIPUR 5. THE SUB DIVISIONAL OFFICER HAJIPUR, VAISHALI 6. THE BLOCK SUPPLY OFFICER, RAGHOPUR, VAISHALI ----------- 02/ 11.10.2010 Heard learned counsel for the petitioner and learned counsel for the State. 2. This writ petition has been filed challenging order dated 06.02.2010 ( Annexure-1) by which the Sub- divisional Officer, ( respondent no. 5 ) cancelled the petitioner’s Fair Price Shop Licence no. 67 of 2007 under the Public Distribution System without even asking any show cause from the petitioner. 3. After some arguments, learned counsel for the petitioner seeks permission to withdraw this petition with liberty to file an appeal against the impugned order before the Collector, Vaishali under the provision of Clause-15 of Government of Bihar, Food Supply & Commerce Department Public Distribution System (Control) Order, 2001. 4. Accordingly, this writ petition is disposed of with the afore-said liberty. However, if an appeal as afore-said is filed by the petitioner within thirty days from today along with a copy of this order as well as an Interlocutory Application for condoning the delay, the appellate authority - 2 - shall consider that the delay had occurred due to the pendency of this writ petition and shall decide the appeal on merits in accordance with law. Ranjan (S.N. Hussain, J.)