IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2315 of 2010 MANOJ KUMAR CHOUDHARY S/O BALESHWAR CHOUDHARY, R/O VILL.- PACHNA, P.S. + DISTT.- SHEIKHPURA. ….. PETITIONER. VERSUS 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE-CUM-COLLECTOR SHEIKHPURA. 3. THE SUB DIVISIONAL OFFICER (SUPPLY BRANCH) SHEIKHPURA. 4. THE BLOCK SUPPLY OFFICER, SHEIKHPURA, DISTT.- SHEIKHPURA. …..RESPONDENTS. ---------- For the petitioner : Mr. Pankaj Kumar-I, Advocate. For the State : Mr. Sanjeev Kumar Singh, A.C. to S.C.21. --------- 02/ 23.11.2010 Heard learned counsel for the petitioner and learned counsel for the respondents-State of Bihar and its authorities. 2. Petitioner is aggrieved by orders of the Sub- Divisional Officer, Sheikhpura (respondent no.3) by which he earlier suspended his fair price shop licence under Public Distribution System and subsequently he cancelled the said licence. 3. Learned counsel for the petitioner submits that against the said orders he had filed an application before the District Magistrate, Sheikhpura on 10.02.2009 (Annexure-7), but the said application has not yet been disposed of. Hence, he prays that the said application be considered as an appeal against the order of respondent no.3 and be decided by the District Magistrate, Sheikhpura, the appellate authority as an appeal. 4. In the aforesaid facts and circumstances, this writ - 2 - petition is disposed of with a direction to the District Magistrate, Sheikhpura to treat the petitioner’s application dated 10.02.2009 (Annexure-9) as an appeal under Clause 15 of the Govt. of Bihar, Food Supply and Commerce Department Public Distribution System (Control) Order, 2001, notified vide G.S.R 1 dated 20.02.2007 and decide the same on merits in accordance with law expeditiously preferably within a period of four months from the date of receipt/production of a copy of this order. Sunil (S. N. Hussain, J.)