- (1.) LEARNED counsel for the petitioner submitted that initially the writ petition was preferred against the suspension of license of the petitioner for running a fair price shop and during pendency of the writ petition, final order canceling the license of fair price shop having been passed by the Sub - Divisional Officer, Dhanbad, dated 10th November, 2008, which is at Annexure -6 to the Interlocutory Application, I.A. No. 2545 of 2009 has been preferred by the petitioner. Learned counsel for the petitioner submitted that there are several illegalities committed by the Sub - Divisional Officer, Dhanbad, in deciding the matter against the present petitioner.
(2.) I have heard learned counsel for the respondents, who has submitted that the impugned order, passed by the Sub -Divisional Officer, Dhanbad, canceling the license of the petitioner for running fair price shop is an appealable order under Clause 28 of the Bihar Trade Articles (Licenses Unification) Order, 1984 (in short "the Order, 1984") and the grievances, ventilated in this writ petition, can be ventilated before the Deputy Commissioner, Dhanbad, in an appeal under the aforesaid Clause of the Order, 1984 and no sooner did the appeal prefer, the same will be decided, as early as possible and practicable, preferably within a time schedule, given by this Court. In view of the aforesaid submissions and looking to the facts and circumstances of the case and also looking to Clause 28 of the Order, 1984, I see no reason to entertain this writ petition, because of availability of efficacious alternative remedy to the petitioner. The petitioner is not remediless. As and when the appeal is preferred before the Deputy Commissioner, Dhanbad, against the order, passed by the Sub -Divisional Officer, Dhanbad, which is at Annexure -6 to the Interlocutory Application, the same will be decided by the Deputy Commissioner, Dhanbad, in accordance with law, after giving an adequate opportunity of being heard to the petitioner or to his representative, keeping in mind all the grounds, stated in the appeal, as expeditiously as possible and practicable, preferably within a period of two months from the date of receipt of appeal from the petitioner and the decision will be taken without being Influenced by this order, passed by this Court, on its own merits and in accordance with law, rules, regulations, policies and the Government enforceable orders, applicable to the petitioner and the time consumed in pursuing the writ petition before this Court will be considered for condonation of delay in preferring the appeal under the aforesaid Clause 28 of the Order, 1984.
(3.) THE writ petition and the interlocutory application (LA. No. 2545 of 2009) both stand disposed of, in view of the aforesaid observations and directions.;