Disposed

Bhagirathi Das v. State of Odisha

Orissa HC3 Jun 2020WP(C)/10851/2020

Case brief

AI extract

What is this about?

In a writ petition challenging the State of Odisha's notification appointing Women Self Help Groups as Fair Price Shop dealers, the Court held that an existing private dealer must be given a hearing under the principles of natural justice before removal from the dealership. The Court directed the Government to comply with this principle within six weeks post-lockdown.

What did the court decide?

Retained the private FPS dealer's right to a hearing; directed the State to implement the new order subject to principles of natural justice within six weeks post-lockdown.

Bhagirathi Das Vs State of Odisha — Public Procurement and Tenders | Orissa HC (2020)

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W.P.(C) No.10851 of 2020

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2. 03.06.2020

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Heard Mr. S.K. Rath, learned counsel for the petitioner, and the learned Counsel for the State.

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The petitioner has filed this writ petition seeking for quashment of Annexures-7 & 8 issued by the Govt. of Odisha in the Department of Food Supplies and Consumer Welfare Department addressed to all Collectors of the State for engagement of WSHGs (Women Self Help Groups)/WSHG Federations as FPS (Fair Price Shop) Dealer under public distribution system.

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Learned counsel for the petitioner contended that the petitioner is an existing PDS dealer in respect of Bhograi Block under Balasore District and is distributing PDS commodities as per the provisions contained in the Act and Rules framed thereunder. By virtue of the impugned notification issued in Annexure-6, now steps are being taken by the Government for appointment of eligible WSHGs as FPS Dealers in place of private FPS units for management of public distribution system in the district. It is further contended that while issuing such notification, opportunity of hearing has not been given, as there is no allegation whatsoever against the petitioner, so as to deprive the petitioner to continue as dealer for distribution of PDS commodities.

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In view of such contention, this Court is of the considered view that the decision so taken by the State Government in Annexure-6 for appointment of eligible WSHGs as FPS dealers in place of existing private FPS units, W.P.(C) No. 10691 of 2020 where the petitioner is continuing as dealer, cannot sustain in the eye of law. Therefore, before removal from dealership of private FPS unit, opportunity of

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hearing should have been given to the petitioner by the authority, instead of passing a blanket order for removal in order to accommodate the eligible WSHG as FPS dealer.

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Accordingly, this Court directs that the decision so taken in Annexure-6 will be given effect to or implemented subject to compliance of principle of natural justice, so far as petitioner is concerned, and as such, continuance of the petitioner in respect of private FPS unit is dependent on the ultimate outcome of the order to be passed by the Collectoropposite party no.2, which should be in conformity with the provisions of principle of natural justice. Needless to mention that the decision will be taken by the Collector-opposite party no.2 within a period of six weeks from the date of lifting of the lockdown due to COVID-19.

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The writ petition is disposed of.

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……..…..………… P. Patnaik, J.

Bhagirathi Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bhagirathi Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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