IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5896 of 2009 SUBHASH CHANDRA GUPTA, son of late Ganauri Sao, resident of village- Lahsuna, Police Station- Masauri, District-Patna. Versus 1. THE STATE OF BIHAR through Principal Secretary, Department of Supply and Consumer Protection, Government of Bihar, Patna. 2. The Commissioner, Patna Division, Patna. 3. The District Magistrate, Patna. 4. The Sub Divisional Officer cum Licensing Authority, Masauri,Patna. 5. The Assistant District Supply Officer, Masauri, Patna. ----------- For the petitioner: Mr. Anand Kumar Ojha,Advocate Mr. Ashok Kumar Karna,Advocate For the State: Mr. Anil Kumar Sinha A.C. to S.C. 12 --- 2. 11.5.2009 It is pointed out by learned counsel for the petitioner that the petitioner has already filed an appeal before the District Magistrate, Patna against the impugned order dated 6.5.2008 of the Sub-divisional Officer –cum- Licensing Authority, Masauri, Patna (respondent No.4). In the above circumstances, the writ application is dismissed as not maintainable. However, it is made clear that the District Magistrate, Patna shall consider the appeal and apply his independent mind to the matter and dispose of the same by passing a speaking order, specially taking into account that the petitioner is aggrieved by the fact that the entire proceedings were initiated on the basis of the letter dated 24.2.2008 issued by the District Magistrate, Patna. VPS ( Ramesh Kumar Datta,J.)