IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16266 of 2009 SMT.SAROJ DEVI W/O SADAI KUMAR, R/M PATEL NAGAR, NAGAR PARISHAD, P.S.MASAUDHI, DISTT- PATNA …….PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF FOOD AND CIVIL SUPPLIES GOVERNMENT OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF FOOD AND CIVIL SUPPLIES GOVERNMENT OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, DISTT- PATNA 4. THE ADDITIONAL DISTRICT MAGISTRATE (SUPPLY), DISTT- PATNA 5. THE SUB-DIVISIONAL OFFICER MASADUHI, DISTT- PATNA 6. THE BLOCK SUPPLY OFFICER, MASADUHI, DISTT- PATNA …..RESPONDENTS For the petitioner :M/s Mahendra Pd. Gupta and Brajesh Kumar, Advocates. For the State : Mr. V. Prasad, AC to GP-4 ----------- 03/ 18.08.2010 Heard learned counsel for the petitioner and learned counsel for the State. This writ petition has been filed by the petitioner challenging order dated 29.09.2009 (Annexure-7) by which Sub-Divisional Officer, Masaudhi (respondent no.5) cancelled P.D.S. Licence No.135 of 2009 for Nagar Parishad, Masaudhi After some arguments learned counsel for the petitioner seeks permission to withdraw this petition with liberty to file an appeal before the appellate authority provided under Clause 15 of the Government of Bihar, Food Supply & Commerce Department Public Distribution System (Control) Order, 2001. Accordingly, this writ petition is disposed of as withdrawn with the aforesaid liberty. However, if the appeal is - 2 - filed before the appellate authority within fifteen 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 pendency of this writ petition and shall decide the appeal on its merits in accordance with law, expeditiously. Harish (S.N. Hussain, J.)