IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2437 of 2010 Sarojani Devi, W/o Sri Nityanand Sah, R/o Vijaypur, P.S.-Palasi, District- Araria. ……. Petitioner. Versus 1. The State Of Bihar 2. The Sub Divisional Officer, Araria. 3. The Block Supply Officer, Palasi, Araria. ……. Respondents. For the petitioner : Mr. N.K.Agrawal, Sr. Advocate. Mr. Sanjay Kumar Sharama, Advocate. For the State : Mr. Satyeshwar Prasad AC to SC-19. ----------- 3. 28-10-2010 1. Heard learned counsel for the petitioner and learned counsel for the State of Bihar and its authorities. 2. This writ petition has been filed by the petitioner challenging order dated 16.11.2009 by which the Sub-Divisional Officer, Araria cancelled his Fair Price Shop Licence No. 90P/ 2007 under the Public Distribution System. 3. It is quite apparent that Clause 15 of the Government of Bihar, Food Supply & Commerce Department Public Distribution System (Control) Order, 2001 provides an appeal against such orders before the Collector of the District. 4. In the said circumstances, learned counsel for the petitioner seeks permission to withdraw this petition with a liberty to file an appeal before the aforesaid appellate authority. 5. Accordingly, this writ petition is disposed of as withdrawn with the aforesaid liberty. However, if the petitioner files the memorandum of appeal before the said appellate authority along with a copy of this order and also along with an interlocutory 2 application for condoning the delay of appeal, the authority concerned shall consider the delay due to pendency of the matter in this writ petition and shall decide the appeal on merits in accordance with law expeditiously preferably within a period of four months. Sujit (S.N.Hussain,J)