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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJAY KUMAR MISHRA
Ganeswar Sahoo – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. appointment of p.d.s. retailer. (Para 1 , 2) |
| 2. arguments by state regarding consumer complaints. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. court's analysis on due procedure. (Para 9 , 10 , 11 , 12) |
| 4. judgment and directives issued. (Para 13 , 14) |
JUDGMENT :
SANJAY KUMAR MISHRA, J.
1. The Petitioner, who has been appointed as the P.D.S. retailer to distribute the P.D.S. commodities in Bandalo Gram Panchayat, has preferred the Writ Petition seeking a direction from the Court to the Sub-Collector, Jajpur (Opposite Party No.2) to allow him to supply P.D.S. commodities to the beneficiaries/consumers of Bandalo Gram Panchayat with a further prayer to direct the authority concerned to dispose of his representation, as at Annexure-6, as expeditiously as possible, which is pending before the Opposite Party No.2.
2. The factual matrix of the case, as pleaded in the Writ Petition, is that the Petitioner along with others were selected as P.D.S. retailers. Vide general notice dated 07.06.2022, objections were invited from general public to be submitted between 08.06.2022 to 18.06.2022. Since no complaint was received pursuant to the said notice dated 07.06.2022, the Sub-Collector, Jajpur,
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.
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 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....
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.
Licenses canceled without due process violate the principles of natural justice, and rules cannot change mid-selection process.
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