Court directed B.D.O., Delanga to complete pending inquiry into petitioner's dealership license renewal within one month and submit report. Sub-Collector to decide and communicate decision by October 2016.
Directed B.D.O., Delanga to complete inquiry within one month and submit report to Sub-Collector, Puri for decision communication by October 2016.
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20.09.2016
W.P.(C) No.8237 of 2016
Heard learned counsel for the petitioner and the learned counsel for the State.
This writ application has been filed challenging the inaction of the opposite parties
is not renewing the dealership license of the petitioner under P.D.S. Control Order with a fur
ther prayer that petitioner may be allotted commodities under N.F.S.A and other control orders
It is the contention of the learned counsel for the petitioner that the petitioner was
engaged as control dealer in respect of Bidiripur and was issued with a dealer licence No. 42
of 2008 for the said purpose which was renewed from time to time and last of such renewal was
made on 27.04.2015 for the year 2015-2016 till 31.03.2016. It is further submitted that on th
e basis of the licence, the petitioner was regularly lifting P.D.S. commodity and distributing
it among 236 families and he was allotted 43.62 quintals of rice and 9.73 quintals of wheat u
nder the N.F.S. Act. The petitioner was also allotted sugar and kerosene as per different cont
rol orders. It is the further case of the petitioner that during subsistence of his licence, t
he petitioner applied for renewal of the same for the year 2016-17 in the prescribed form on 2
6.04.2016 along with detail particulars and it was accepted by the opposite party no.3. The pe
titioner was expecting that the licence will be renewed for the year 2016-17 and he will be al
lotted P.D.S. commodities as well as food under N.F.S.A. but the opposite parties have not yet
renewed his licence, on the contrary his allotment for the month of April 2016 was
stopped. It is the further contention of the learned counsel for the petitioner that due to no
n-supply of commodities the beneficiaries under the N.F.S.A. are suffering a lot and therefore
, the action of the opposite parties in stopping the allotment due to non-renewal of the licen
se is illegal.
In pursuance of the notice of this Court, opposite party no.3 who is the Asst. Civil S
upplies Officer filed his counter indicating therein that allegation was received in office of
the Sub-Collector, Puri wherein it is stated that the signatories have not received the essen
tial commodities from the petitioner and consumers of Ward No.12 and 13 are interested to take
their ration from other retailer but not from the petitioner. The Sub-Collector, Puri sent th
e letter received to the B.D.O., Delanga for inquiry and to report and reminder letter No.373
dated 21.06.2016 has also sent. It is further stated that the consumers are getting their quot
a from the nearest Gram Panchayat namely Gualipada and Jenapur.
In view of the counter filed by the opposite party no.3, it is apparent that the licen
ce of the petitioner was not renewed on the ground that there was representation submitted by
some persons before the Sub-Collector, Puri which has been sent to the B.D.O., Delanga for inq
uiry.
Learned counsel for the State submits that till date the inquiry has not been complete
d and therefore, no final decision could be taken regarding renewal of the license of the peti
tioner. Since the Sub-Collector has referred the application under Annexure-C/3 to B.D.O., Del
anga on
03.02.2016 and the reminder was sent on 21.06.2016, it was incumbent on the part of the B.D.O.
, Delanga to conduct necessary enquiry and submit the enquiry report before the Sub-Collector,
Puri at an earliest. The same having not been done, I direct that the B.D.O., Delanga to comp
lete the enquiry within a period of one month from today giving due opportunity to the respect
ive parties and submit the enquiry report before the Sub-Collector, Puri. After receipt of the
enquiry report from the B.D.O., Delanga, the Sub-Collector, Puri shall decide whether the lic
ence of the petitioner shall be renewed or not. The decision of the Sub-Collector, Puri shall
be communicated to the petitioner by end of October, 2016. The writ application is disposed of
with the aforesaid observation.
2
1 issue framed by the court
Writ application challenging inaction regarding non-renewal of P.D.S. dealership license.
Unknown Petitioner
Union of India or State
Asst. Civil Supplies Officer
Sub-Collector, Puri
B.D.O., Delanga
Unnamed Judge
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court