IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9939 of 2007 ASGANDH SAH Versus THE STATE OF BIHAR & ORS ----------- 02. 18-7-2008 The primary reason besides other objections which have been taken against the impugned order contained in annexure-5 dated 27.6.2007 cancelling the licence of the petitioner is that he was not given adequate opportunity to respond to the show cause notice. According to him, the show cause notice contained in annexure-3 was issued on 6.6.2007 and served on him on 26.6.2007. Before the petitioner could respond the said notice the impugned order already stood passed on 27.6.2007. Petitioner thereafter has filed a petition before the licensing authority contained in annexure-6 but no cognizance has been taken on the same. These are matters of fact which can be looked into and examined by the appellate authority based on the records available. Non exhaustion of statutory remedy of appeal is the primary reason that this Court does not want to interfere with the impugned order at this stage. The writ application is disposed of with the liberty to the petitioner to file an appeal. The appellate authority shall condone the delay in filing of the appeal as the petitioner was pursuing the writ remedy before this Court. The writ application is disposed of with the above liberty. rkp (Ajay Kumar Tripathi, J.)