IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.484 of 2008 AJAY KUMAR JHA, son of Sri Kali Kant Jha, Resident of Madhulata Panchayat Bishanpur, P.S. Rani Ganj, District- Arariya. …………….Petitioner Versus 1. THE STATE OF BIHAR, 2. The District Magistrate, Araria, 3. The Sub-Divisional Officer, Arariya ………..Respondents. ----------- 3 15.11.2010 Heard learned counsel for the petitioner and learned counsel for the State of Bihar and others. This writ petition has been filed challenging order dated 4.10.2007 (annexure- 1) by which the Sub-Divisional Officer-cum-Licensing Authority, Araria (respondent no. 3) stopped allotment of essential commodities to the petitioner to which he was legally entitled being the licence holder under the Public Distribution System. It transpires that during the pendency of this writ petition order dated 20.12.2007 (annexure-5) was passed by the Sub-Divisional Officer, Araria (respondent no. 3) cancelling the licence of the petitioner. Against the said order, proper remedy is by way of filing an appeal before the District Magistrate under the provision of Clause 15 of the Government of Bihar, Food Supply & Commerce Department Public Distribution System (Control) order 2 2001, Notified vide G.S.R. No. 1, dated 20.2.2007. In the said circumstances without going into the merit of this case, this writ petition is disposed of with a liberty to the petitioner to move before the authority concerned under the aforesaid provision of law. If such an appeal is filed within 15 days from today along with a copy of this order as well as an Interlocutory Application for condoning the delay, the appellate authority shall consider the delay caused due to the pendency of this writ petition and shall decide the appeal on merits in accordance with law expeditiously. Bhardwaj ( S.N.Hussain, J.)