Remanded

Meghanada Palei v. State of Odisha

Orissa HC13 May 2020WP(C)/10916/2020

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What is this about?

The Court quashed a blanket government order replacing private FPS units with WSHGs without a hearing. It directed the Collector to decide the petitioner's future status within six weeks, adhering to natural justice principles upon lifting the lockdown.

What did the court decide?

Directed the decision in Annexure-1 to be implemented subject to natural justice; continuance of petitioner no.1 depends on Collector's order within six weeks.

Meghanada Palei Vs State of Odisha — Consumer Protection | Orissa HC (2020)

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W.P.(C) No. 10916 of 2020

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13.05.2020 Heard Mr. A.K. Acharya, learned counsel for the petitioners, and Mr. A.K. Mishra, learned Addl. Government Advocate appearing for the State opposite parties.

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The petitioners have filed this writ petition to quash letter No.5721 dated 12.03.2020 under Annexure-1 and issue direction to the opposite parties to renew the Fair Price Shop/Dealer/Retailer license of the petitioners for the year 2020-21 after accepting the application along with fees.

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It appears that the petitioners have jointly filed this writ petition seeking aforesaid reliefs. Therefore, this Court is not inclined to entertain this writ petition.

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However, in course of hearing, learned counsel for the petitioners contended that the prayer of the writ petition be confined to petitioner no.1 only and other petitioners will file separate writ petitions, to which the learned Additional Government Advocate for the State opposite parties has no objection.

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Mr. Acharya contended that petitioner no.1 is an existing PDS dealer in respect of Ward No.13 of Joda MPL in the district of Keonjhar having FPS Code No. 1816P028 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-1, 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 petitioner no.1, so as to

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deprive petitioner no.1 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-1 for appointment of eligible WSHGs as FPS dealers in place of existing private FPS units, where petitioner no.1 is continuing as dealer, cannot sustain in the eye of law. Therefore, before removal from dealership of private FPS unit, opportunity of hearing should have been given to petitioner no.1 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-1 will be given effect to or implemented subject to compliance of principle of natural justice, so far as petitioner no.1 is concerned, and as such, continuance of petitioner no.1 in respect of private FPS unit is dependent on the ultimate outcome of the order to be passed by the Collector-opposite 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 Collectoropposite party no.2 within a period of six weeks from the date of lifting of the lockdown.

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The writ petition is thus disposed of.

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…………….…………… (DR. B.R. SARANGI) JUDGE

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Alok

Meghanada Palei v. State of Odisha

Case brief

What is this about?

What did the court decide?

Meghanada Palei v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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