IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15922 of 2008 RAM JATAN SINGH, SON OF LATE RAGHUNATH SINGH, RESIDENT OF AT AND VILLAGE JITWARPUR CHOWTH, BLOCK- SAMASTIPUR, DISTRICT SAMASTIPUR. …………..PETITIONER VERSUS 1. STATE OF BIHAR 2. DISTRICT MAGISTRATE, SAMASTIPUR 3. SUB-DIVISIONAL OFFICER, SAMASTIPUR 4. BLOCK SUPPLY OFFICER , SAMASTIPUR 5. UPENDRA RAI, SON OF NOT KNOWN, MEMBER OF LOCAL COMMITTEE OF CPI (M) JITWARPUR CHOWTH, SAMASTIPUR 6. BLOCK DEVELOPMENT OFFICER, JITWARPUR CHOWTH, SAMASTIPUR ……………RESPONDENTS For the petitioner : Mr. Ashok Kumar Choudhary, Advocate. For the State : Mr. Ravi Kumar, AC to SC-21 ----------- 02/ 17.08.2010 Heard learned counsel for the petitioner and learned counsel for the State and its authorities. This writ petition has been filed by the petitioner challenging order dated 27.05.2008 (Annexure-4) by which the Sub-Divisional Officer, Samastipur (respondent no.3) cancelled P.D.S. Licence No.120/90 which was earlier granted to the petitioner for running a Fair Price Shop in village Jitwarpur Chowth, Block & District Samastipur. After some arguments learned counsel for the petitioner submits that since he has not availed the remedy of appeal provided in law, namely Clause-7 of the Government of Bihar, Food Supply & Commerce Department Public Distribution System (Control) Order, 2001 and hence he wants to withdraw this writ petition with liberty to tile an appeal before the appellate authority. In the aforesaid facts and circumstances this writ petition is dismissed as withdrawn with the aforesaid liberty to petitioner. However, 2 if the appeal is filed by the petitioner against the impugned order before the appellate authority within three weeks from today along with a copy of this order as well as an interlocutory application for condoning the delay, the appellate authority shall consider the delay caused due to pendency of this writ petition and shall decide the appeal on its merits in accordance with law. Harish (S.N. Hussain, J.)