IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6304 of 2011 Vijay Kumar son of Devendra Prasad, Resident of Village- Sharma Bazar Tol, Tiwari Chak, Police Station – Barachatti, District-Gaya. …. Petitioner. Versus 1. The State of Bihar. 2. The Commissioner, Magadh Pramandal, Gaya. 3. The Licence Officer-cum- Forest Pramandal Officer, Gaya Forest Pramandal, Gaya. 4. The Forest Conservator, Gaya Anchal, Gaya. 5. The Forest Area Officer, Barachatti, District- Gaya. ……Respondents. ----------- For the petitioner : M/s. Suraj Narain Yadav & Nikhilesh Kumar, ` Advocates. For the respondents : Mr. Satyapal Narottam, Advocate. A. C. to G. A. -8. ----------- 04/ 11.08.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging order dated 19.01.2011 by which the Licensing Officer-cum- Forest Pramandal Officer, Gaya (respondent no.3) cancelled licence no.13 of 1994 of the petitioner for running Ara (Saw) Mill, namely M/s Ganga Saw Mill and also for directing the respondents to restore the said licence in the name of the petitioner and to permit the petitioner to run the Saw Mill and for other ancillary reliefs. A counter affidavit has been filed by the respondents contesting the claim of the petitioner. After some arguments, learned counsel for the petitioner seeks permission to withdraw this petition with a liberty - 2 - to file an appeal before the Commissioner, Magadh Pramandal, Gaya (respondent no.2) under the provision of the Licensing Order. Accordingly, this writ petition is disposed of as withdrawn with the aforesaid liberty. If such an appeal is filed within three weeks from today along with the requisites and an interlocutory application for condoning the delay, the said authority shall consider the delay caused due to pendency of this writ petition and shall decide the appeal in accordance with law on its merit expeditiously. If the petitioner wants any interim relief against the impugned order he will be at liberty to file an interlocutory application for the said purpose before the appellate authority who shall decide the same immediately. Sunil (S. N. Hussain, J.)