IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8132 of 2010 1. BINOD KUMAR SINGH S/O LATE BRAHMDEO PD. SINGH R/O VILL.- BASGARHA, P.S. KORHA DISTT.- KATIHAR Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, KATIHAR 3. THE SUBDIVISIONAL OFFICER, KATIHAR 4. THE DISTRICT SUPPLY OFFICER, KATIHAR 5. THE BLOCK SUPPLY OFFICER, KORHA, DISTT.- KATIHAR ----------- For the petitioner : Mr. Najmul Hoda, Advocate. For the State : Mr. Raj Kumar, A.C to S. C 20. 02/ 04.10.2010 Heard learned counsel for the petitioner and learned counsel for the State of Bihar and its authorities. 2. This writ petition has been filed by the petitioner challenging the order of cancellation of his Fair Price Shop License under the Public Distribution System vide order dated 09.02.2010 (Annexure-4) passed by the Sub-divisional Officer. 3. On the other hand, learned counsel for the respondent submits that appeal has been provided under the provision of Clause-15 of Government of Bihar, Food, Supply and Commerce Department, Public Distribution System (control) Order- 2001, but without availing that opportunity the petitioner has moved this writ petition. 4. In the facts and circumstances of this case, learned counsel for the petitioner seeks permission to withdraw this writ petition with a liberty to file an appeal. The prayer is allowed and this writ petition is dismissed as withdrawn with the afore said liberty. However, if the petitioner files the appeal under the provision of Clause-15 of Government of - 2 - Bihar, Food, Supply and Commerce Department, Public Distribution System (control) Order- 2001 along with a copy of this order as well as an Interlocutory Application for condoning the delay within fifteen days, the said authority shall consider that the delay has occurred due to the pendency of this writ petition and shall decide the matter on merits in accordance with law expeditiously. Ranjan (S.N. Hussain, J.)