IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9755 of 2010 1. MOHAN YADAV, S/O LATE JAGGU YADAV, R/O VILLAGE MAHMADA, P.S. PARAIYA,DISTRICT- GAYA. ……….PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE COLLECTOR,GAYA. 3. THE SUB DIVISIONAL OFFICER,TIKARI,GAYA. 4. THE DISTRICT SUPPLY OFFICER, GAYA. 5. THE BLOCK SUPPLY OFFICER, TIKARI , GAYA. ……….RESPONDENTS. ----------- 02/ 28.09.2010 Heard learned counsel for the petitioner and learned counsel for the State of Bihar and its authorities. 2. This writ petition has been filed against order dated 17.02.2009 ( Annexure-5) by which the Sub-divisional Officer, Tikari, Gaya ( respondent no. 5) cancelled petitioner’s Fair Price Shop License No. 02 of 1989 under Public Distribution System. Earlier the said license was suspended by the same authority vide order dated 12.12.2008 (Annexure-3), but the said order of suspension had been quashed by a bench of this court in C.W.J.C No. 17816 of 2009 (Annexure-4). 3. In the said circumstances, the order of suspension has become non-existant and there is only order of cancellation which remains to be challenged and for that a provision of appeal is there vide Clause-15 of Government of Bihar, Food, Supply and Commerce Department, Public Distribution System (control) order-2001. 4. In the aforesaid facts and circumstances, the petitioner seeks permission to withdraw this writ petition with a liberty to file a statutory appeal before the Collector, under - 2 - the aforesaid provision of law. 5. Accordingly, this writ petition is disposed of as withdrawn with the afore said liberty.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 condonation of delay, the appellate court shall consider the fact that this writ petition was pending before this court and shall decide the appeal on merits in accordance with law expeditiously. Ranjan (S.N. Hussain, J.)