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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJAY KUMAR MISHRA
Sk. Riasatulla – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner's background and challenge to suspension. (Para 1 , 2) |
| 2. allegations of political motivation and procedural violations. (Para 3 , 4) |
| 3. opposition's defense and procedural detail. (Para 5 , 6) |
| 4. petitioner's rebuttal and need for documents. (Para 7 , 8) |
| 5. counsel's arguments on lack of fair procedure. (Para 11 , 12 , 13) |
| 6. opposition's emphasis on procedural adherence. (Para 14 , 15) |
| 7. court's overview of evidence and submissions. (Para 16 , 17) |
| 8. importance of joint representations and failure to provide documents. (Para 18 , 19) |
| 9. court's interpretation of the control order and procedural requirements. (Para 21 , 22 , 23) |
| 10. court's ruling on the legality of suspension orders. (Para 24 , 25) |
| 11. court's decision to set aside suspension order. (Para 26) |
| 12. conclusion and direction for rehearing. (Para 27 , 28) |
JUDGMENT :
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 (Oppos
License suspension without adequate notice or opportunity to be heard violates natural justice principles and renders such orders illegal.
Suspension of P.D.S. license without due process and opportunity to respond violates principles of natural justice, necessitating annulment and proper reconsideration.
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 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.
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....
The disciplinary authority must conduct a fair enquiry and consider the dealer's explanation before suspending authorization, in compliance with the relevant provisions of the Control Order, 2018.
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