IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4916 of 2009 Sarda Nand Upadhya, Son of Late Ram Shakal Upadhya, resident of Village- Darmaha, P.O. Koniya, P.S. Keshariya, District- East Champaran……………………………………………………….Petitioner. Versus 1. The State of Bihar. 2. The Collector, East Champaran at Motihari. 3. The Sub Divisional Officer, Chakiya, District-East Champaran. 4. The Block Supply Officer, Kalyanpur, District- East Champaran. 5. Kusheshwar Rai, Son of Late Shivdhari Rai, Block Supply Officer(Relevant time), Village/Mohalla- Chata Bazar, Damuchak, District-Muzaffarpur. 6. Balram Prasad, Son of Late Jokhu Prasad, Clerk(Relevant time), Village- Kishan/Siswa Parsaunee, P.S. Pipra, District- East Champaran………………………………………………Respondents. 2. 06.09.2011. Heard learned counsels for the petitioner and the State. The petitioner has challenged the order dated 08.10.1997 whereby the Sub Divisional Officer, Chakiya, cancelled the P. D. S. dealership’s license of the petitioner. In view of alternative remedy of appeal, the petitioner is permitted to withdraw the writ application to avail the alternative remedy. It is submitted by learned counsel for the petitioner that the order of cancellation of license was against the order of representation which was filed on 09.08.1998 before the learned District 2 Magistrate, East Champaran at Motihari, as contained in Annexure-5. The learned appellate authority may consider the said representation as Memo of Appeal or in alternative permit the petitioner to supplement the said representation by proper Memo of Appeal. The learned appellate authority may also consider condonation of delay keeping in view of pendency of representation dated 09.08.1998 before the learned District Magistrate, East Champaran at Motihari as well as pendency of the writ application before this Court. With the above observation, this writ application is disposed off. U. K. ( Dinesh Kumar Singh, J)