IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16047 of 2009 GAURI SHANKAR KHANDELIA, S/O LATE KEDARNATH KHANDELIA, R/O VILL.+P.O.- RANI SHAKARPURA, P.S.- KHAGARIA, DISTT.- KHAGARIA …..PETITIONER. VERSUS 1. THE STATE OF BIHAR THROUGH THE SECRETARY FOOD, SUPPLY AND COMMERCE DEPTT., OLD SECRETARIAT, PATNA 2. THE SUB-DIVISIONAL OFFICER, KHAGARIA, DISTT.- KHAGARIA …………………………… …RESPONDENTS. ----------- 02/ 05.08.2010 Heard learned counsel for the petitioner and learned counsel for the State and its authorities. The petitioner is aggrieved by order dated 30.10.2009 (Annexure-1) by which Sub-Divisional Officer, Khagaria (respondent no.2) has cancelled Fair Price Shop Licence of the petitioner bearing Licence No.1K/87 on the report of the District Supply Officer, Khagaria. Learned counsel for the petitioner relies upon the provision of law as well as the case law in case of Abdul Rauf @ Sri Md. Abdul Rauf & Ors. vs. The State of Bihar & Anr., reported in 2009 (2) P.L.J.R. 784. On the other hand, learned counsel for the respondent submits that against the order of cancellation passed by Sub-Divisional Officer, Khagaria an appeal is prescribed under Clause 15 of the Bihar Control Order of 2001 and without availing the said opportunity the writ petition of the petitioner cannot be legally entertained, as he clearly has an alternative remedy provided under the law. 2 In the aforesaid facts and circumstances, learned counsel for the petitioner seeks permission to withdraw this writ petition with a liberty to file an appeal before the appropriate authority. Accordingly, this writ petition is dismissed as withdrawn with the aforesaid liberty. However, if the petitioner files an appeal before the said authority within fifteen days 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 matter on merit expeditiously preferably within the time prescribed in law i.e. clause 15 (1) of the said Order 2001. harish/ ( S. N. Hussain, J. )