Research › Search › Judgment

Orissa High Court · body

2010 DIGILAW 587 (ORI)

Krushna Chandra Sahoo v. State of Orissa

2010-08-19

M.M.DAS

body2010
ORDER 19.8.2010 — Heard learned counsel for the petitioner and the learned counsel for the State. The petitioner was functioning as a retailer under the O.P.D.S. (Control) Order, 2008 in Khurda Municipal area. As his licence was not renewed after 30.09.2009 on certain allegations against him, the petitioner approached this Court in W.P.(C) No.14716 of 2009. This Court disposed of the said writ petition on 12.11.2009 directing the Sub-Collector, Khurda to dispose of the proceeding initiated against the petitioner within two weeks from the date of receipt of the certified copy of that order and if the allegations made against the petitioner are found to be false, renew his license provided there is no other impediment. Accordingly the Sub-Collector directed an enquiry to be conducted on the allegations made against the petitioner and other such retailers in different wards of Khurda Municipality with regard to the allegations made against them. The said enquiry was con¬ducted by the Special Certificate Officer, Khurda who submitted a report that the allegations are not true and the petitioner as well as the other retailers were distributing the essential commodities to the satisfaction of the consumers. On receiving such report, the licence of the petitioner was renewed till 31.03.2010. He made a further application for renewal after 31.03.2010. However, the Block Level Advisory Committee in its meeting dated 26.03.2010 expressed their opinion that the retail¬ers against whom allegations were earlier made, their licence should not be renewed. Thereafter, no action has been taken with regard to the renewal of the petitioner’s licence. Mr. Das, learned counsel for the petitioner submits that since on the self-same allegation, one enquiry was conducted and the petitioner was found to be acting in accordance with the control order, he cannot be denied renewal of his licence. I find force in the argument of the learned counsel for the petitioner. In the meanwhile also the Government has issued a notification directing all Collectors to renew the licence of all retailers as at Annexure-5. In view of the above, the writ petition is disposed of directing that the licence of the petitioner shall be renewed with effect from 1st April, 2010 till 31st March, 2011. This shall be done within a period of one month from the date of production of certified copy of this order before the licensing authority. In view of the above, the writ petition is disposed of directing that the licence of the petitioner shall be renewed with effect from 1st April, 2010 till 31st March, 2011. This shall be done within a period of one month from the date of production of certified copy of this order before the licensing authority. The petitioner shall also be allowed to continue as a retailer for the place where he was/is functioning a such. Urgent certified copy of this order be granted as per rules. Petition disposed of.