IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.11667 OF 2011 MD.ZAINUDDIN , VILLAGE GAMRAHO, POLICE STATION MAHESI, DISTRICT SAHARSA. VERSUS 1. THE STATE OF BIHAR 2. DISTRICT MAGISTRATE SAHARSA 3. SUB DIVISIONAL OFFICER SADAR SAHARSA 4. BLOCK SUPPLY OFFICER, MAHESI, SAHARSA. ---------------------------------- 2. 18-08-2011. The petitioner is aggrieved by order dated 4.5.2011 issued vide letter no. 603 by respondent no.3, whereby his license has been cancelled by respondent no. 3. The petitioner assails the impugned order on the ground that it amounts to double punishment. He submits that the Government of Bihar in terms of Clause 7 of the PDS (Control) Order, 2001 states that if any licencee contravenes the provision, terms of licence, duties and responsibility, the Licencing authority can suspend/cancel licence by a written order. The petitioner states that earlier by way of punishment his licence was suspended, and as such a second punishment by way of cancelling his licence cannot be inflicted. In support of his submission, the petitioner has relied upon a decision of this Court in case of Lakhan Ravidas Vs. State of Bihar and others (C.W.J.C.No. 3566 of 2009) and other analogous cases disposed of on 2 22.7.2010, contained in annexure 7. It appears that the petitioner has moved this Court without availing the remedy of statutory appeal under the Bihar Public Distribution System Control Order, 2007. The petitioner is granted liberty to move the Appellate authority as notified in PDS Order, 2007. In case, an application for condonation of delay in preferring appeal is filed, the same may be considered sympathetically. The writ petition is thus disposed of. Shashi. (Samarendra Pratap Singh, J.)