Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJAY KUMAR MISHRA
Sk. Riasatulla – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. introduction of the case and factual background. (Para 1 , 2) |
| 2. petitioner’s arguments against suspension order. (Para 3 , 4 , 5) |
| 3. (Para 6 , 7 , 8 , 9) |
| 4. petitioner's further assertions in response. (Para 10 , 11 , 12 , 13) |
| 5. court’s analysis of the procedural discrepancies. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 6. legal reasoning for setting aside orders. (Para 21 , 22 , 23 , 24 , 25) |
| 7. court's decision and direction for re-evaluation. (Para 26) |
| 8. final conclusion and disposal of the petition. (Para 27 , 28) |
JUDGMENT :
SANJAY KUMAR MISHRA, J.
This writ petition has been preferred by the Petitioner, who is a P.D.S. Retailer, challenging the order of suspension dated 22.02.2023 passed by the Sub- Collector & Licensing Authority, Sadar, Cuttack (Opposite Party No.3) so also the Order dated 19.06.2024 passed in P.D.S (Appeal) No.11 of 2023, vide which the Collector, Cuttack (Opposite Party No.2), being the Appellate Authority, refused to revoke the order of Suspension dated 22.02.2023.
2. The factual matrix of the case, as stated in the Writ Petition, is that the Petitioner is functioning as PDS Retailer at Batapur under Nandol Gram Panchayat in Salipur, Block, Cutta
Suspension of P.D.S. license without due process and opportunity to respond violates principles of natural justice, necessitating annulment and proper reconsideration.
License suspension without adequate notice or opportunity to be heard violates natural justice principles and renders such orders illegal.
The Licensing Authority must adhere to procedural safeguards and substantiate any withdrawal of distribution rights, which cannot be done without following due process under the Control Order.
A suspended license under the Assam Public Distribution of Articles Order must have timely cancellation proceedings initiated within 90 days; otherwise, the suspension becomes invalid.
since the suspension was during pendency of the inquiry initiated against the petitioner and a final order was passed, the petition became infructuous and this Court need not advert to various conten....
Suspension orders under the Odisha PDS Control Order, 2008, require satisfaction of the authority but no prior notice or report supply is needed, and non-compliance does not invalidate the order if i....
The main legal point established in the judgment is the requirement for the Licensing Authority to provide reasoned decisions, consider specific pleas and evidence, and adhere to principles of natura....
Public distribution system – Cancellation of licence - Cancellation of Absence of reasoning as to the mandatory requirement of provision which conferred jurisdiction on the quasi judicial authority o....
The licensing authority's power to suspend a licence under Clause 28 can be invoked based on preliminary findings, independent of concurrent legal proceedings under the Essential Commodities Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
