IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11584 of 2011 Abdul Hameed Ansari S/o Late Ali Hussain Ansari, r/o Village- Sakraul, P.S.- Inarwa, District- West Champaran. . . . Petitioner. Versus 1. The State of Bihar 2. The District Magistrate, West Champaran at Bettiah. 3. The Sub-Divisional Officer, Narkatiaganj, West Champaran. 4. The Block Supply Officer, Mainatand Block, District- West Champaran. . . . . . Respondents. ----------- 2/ 17.08.2011 Heard learned counsel for the parties. 2. The petitioner is a licensee of Fair Price Shops bearing License no. 07 of 2007. 3. Learned counsel for the petitioner submits that earlier on the basis of an enquiry, he was granted punishment of suspension of his license vide order dated 10.11.2011 (Annexure-3). The grievance of the petitioner is that soon thereafter order of cancellation of license has been passed on 14.12.2010 (Annexure-4). Learned counsel submits that both suspension and cancellation order are the punishments provided under Government of Bihar, Food Supply & Commerce Department Public Distribution System (Control) Order, 2001 (hereinafter referred to as ‘the Bihar Control Order, 2001). He submits that once punishment of suspension is granted, no further punishment can be inflicted upon the petitioner/licensee for the same offence. In support of his submission, learned counsel for the petitioner has relied upon a decision of this Court in case of Prabhu Nath Rai Vs. The State of Bihar & Ors. (C.W.J.C. No. 8515 of 2008) heard analogous with other cases. Copy of the judgment has been annexed as Annexure-5 to this 2 application. 4. As a statutory appeal is provided under the Bihar Control Order, 2001, the petitioner should first move before the appellate authority for redressal of his grievance. However, it will be open for the petitioner to refer the aforesaid judgment in appeal. 5. This writ application is disposed of with liberty to the petitioner to file appeal before the appellate authority. In case, the petitioner files appeal along with the petition for delay in filing the appeal, the same would be considered sympathetically, as the petitioner was pursuing remedy before this Court. Uday/ (Samarendra Pratap Singh, J.)