IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4229 of 2007 SUNITA DEVI Versus THE STATE OF BIHAR & ORS 2 7.11.2009 The instant writ petition is directed against the order dated 18.4.2006 contained in memo no.12 issued by the respondent no.3, the Subdivisional Officer, East Muzaffarpur, Muzaffarpur whereby he has cancelled the licence of retail P.D.S.dealership of the petitioner. Learned counsel for the petitioner challenges the impugned order on two grounds; firstly the licence cannot be cancelled without issuing show cause to the petitioner and secondly before canceling the licence the show cause was not considered. In support of his contention, he relied upon a decision in the case of Braj Kishore Singh & Ors Vs State of Bihar & Ors, reported in 1998(3) P.L.J.R. 903. Counsel for the State submits that after enquiry and consideration of the show cause, the licence was cancelled. In my view the petitioner should file an appeal before the Collector and may take the plea that the licence cannot be cancelled without issuing show cause to the petitioner and before canceling the licence, the show cause was not considered. In case if an appeal is filed, the same would be disposed of within six months from the date of its filing. The petitioner may contend before the Appellate authority that as - 2 - KHAN he was pursuing his remedy before this court, the condonation of delay in filing the appeal may sympathetically be considered. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)