Disposed

Banamali Lenka v. State of Odisha

Orissa HC24 Jun 2021WP(C)/12620/2021

Case brief

AI extract

What is this about?

This writ petition challenged the non-release of Public Distribution System (PDS) quota despite a prior Collector order mandating immediate release. The court dismissed the scope of execution of administrative orders by the writ jurisdiction and directed the petitioner to file a representation before the Collector to enforce compliance. Violation of the Collector's order attracted contempt liabili

What did the court decide?

Petitioner directed to file a representation before the Collector, Kendrapara within two weeks to invoke the Collector's contempt power for non-implementation of the earlier order.

Banamali Lenka Vs State of Odisha — Writ and Judicial Review | Orissa HC (2021)

¶1

W.P.(C) NO.12620 OF 2021

¶2

24.06.2021

¶3

This matter is taken up by virtual mode. Heard.

¶4

On the basis of the order passed by this Court in W.P.(C) No.34989 of 2020, the petitioner filed an appeal before the Collector, Kendrapara under Order-19 of the Odisha Public Distribution System (Control) Order, 2016. The said appeal was disposed of with the following observation :-

¶5

“Gone through the Case Record and conditions of OPDS (Control) Order, 2016. As per clause-17 sub clause-5 of OPDS (Control), 2016, withholding the allocation of quota to any licensee shall not be made for a period exceeding 60 days. In the instant case the Sub Collector has passed order for withholding of quota on dated 27.11.2020. The period of withholding of allocation of PDS quota as per control order has been passed. As such I am of opinion that the orders passed by the Sub Collector withholding the quota of the petitioner has been over and it needs release of quota in favour of the petitioner & the Sub Collector is directed to release the quota in favour of the petitioner immediately.”

¶6

Now, the present writ application has been filed on the ground that, the Sub-Collector is avoiding the order of the Collector and the PDS quota has not yet been released in favour of the petitioner.

¶7

As a matter of fact, this Court is not the executing Court so far as the order of the Collector is concerned.

¶8

In view of such fact, the petitioner is directed to file a representation before the Collector, Kendrapara within two weeks from today detailing his grievance regarding non-implementation of the order passed by him (Collector, Kendrapara). If such a representation is filed, the same shall be disposed of within fifteen (15) days of it’s filing and the Collector, Kendrapara is directed to see that, his order is implemented by his subordinate authorities in letter & spirit. If the order passed by this Court is violated in any manner, the Collector, Kendrapara and the authorities subordinate to him, who are playing with the order passed by the Collector, shall be liable for contempt.

¶9

With the aforesaid observation, the writ application is disposed of.

¶10

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s Notice No.4587 dated 25^th March, 2020 as modified by Court’s Notice No.4798 dated 15^th April, 2021.

………………………….

C.R. Dash, J.

Subha

Subha

Banamali Lenka v. State of Odisha

Case brief

What is this about?

What did the court decide?

Banamali Lenka v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Padma Charan Nayak Vs State of Odisha

Hara Prasad Samantaray Vs State of Odisha

Madhav Pradhan Vs State of Odisha

Padmalochan Behera Vs the Collector, Balasore

Subash Chandra Mohanty Vs Tahasildar, Chandabali

Puspalata Mohanty Vs State of Odisha