IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13619 of 2008 VIDYANAND YADAV SON OF LATE KALESHWAR YADAV, RESIDENT OF SALKHUA, P.S. SALKHUA, DISTRICT SAHARSA. …………..PETITIONER. VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, SAHARSA 3. THE DISTRICT SUPPLY OFFICER, SAHARSA. 4. THE S.D.O. SIMRI BAKHTIARPUR, SAHARSA. 5. THE B.D.O. SALKHUA, DISTRICT SAHARSA. 6. THE SUPPLY INSPECTOR, SALKHUA, DISTRICT SAHARSA. ……..RESPONDENTS. For the petitioner : Mr. Md. Najmul Hoda, Advocate. For the State : M/s K.K. Jha, SC-18 with Baidya Nath Thakur, AC to SC 18 ----------- 02/ 26.08.2010 Heard learned counsel for the petitioner and learned counsel for the State. This writ petition has been filed by the petitioner challenging order dated 31.10.2007 (Annexure-1) by which Sub- Divisional Officer, Simri Bakhtiarpur in the district of Saharsa (respondent no.4) suspended petitioner’s Fair Price Shop Licence under the P.D.S. Scheme. A counter affidavit has been filed by the authority concerned, in paragraph-5 of which it is specifically stated that under the direction of Sub-Divisional Officer an F.I.R. bearing Salkhua P.S. Case No.180 of 2007 has been lodged on 26.10.2007 for offences punishable under sections 409 and 420 of the Indian Penal Code as well as section 7 of the Essential Commodities Act, 1955 against the petitioner in which charge sheet has also been submitted and the case is pending. In view of the aforesaid facts and circumstances, learned 2 counsel for the petitioner seeks permission to withdraw this petition. Accordingly, this writ petition is dismissed as withdrawn with a liberty to the petitioner to move before the authority concerned for recalling of the suspension order, if the criminal case is disposed of. Harish (S.N. Hussain, J.)