Disposed

Budheswara Self Help Group, Puri v. State of Odisha

Orissa HC19 Dec 2023WP(C)/24045/2023

Case brief

AI extract

What is this about?

This court disposed of a writ petition seeking quashing of a PDS dealer license. Guided by a coordinate bench order, the court granted liberty to file an appeal before the Appellate Authority with an application for condonation of delay.

What did the court decide?

Liberty granted to prefer appeal before Appellate Authority with application for condonation of delay within two weeks.

Budheswara Self Help Group, Puri Vs State of… — Public Procurement and Tenders | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.24045 of 2023

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Budheswar Self Help Group …. Petitioners and another

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Mr. B. Pasayat, Advocate

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-versus-

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State of Odisha and others …. Opposite Parties

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Order No.

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05.

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Mr. S.N. Pattanaik, Additional Government Advocate Mr. S. Rout, Advocate (For Opposite Party No.6) CORAM: JUSTICE SANJAY KUMAR MISHRA ORDER 19.12.2023

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This matter is taken up through hybrid mode.

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2. This Writ Petition has been preferred with the following prayer:

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“P R A Y E R

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It is therefore prayed that this Hon’ble Court may graciously be pleased to issue rule nisi by calling upon the Opp. Parties to show cause as to why the license vide its No.229/Cs dated 06.04.2023 under Annexure-1 shall not be quashed and direction shall not be issued to issue license in respect of PDS dealer for Alasahi G.P. under Astarang Block, taking into the consideration of the factual repot dtd. 19.04.2023 submitted by the Child Development Project Office (CDPO), Astarang Opp. Party No.5 under Annexure-8 in the interest of justice.”

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3. Heard learned Counsel for the parties.

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4. Mr. S.N. Pattanaik, learned Additional Government Advocate for the State/Opposite Parties submits, Counter Affidavit has been filed through e-filing on 19.12.2023. As the same is not on record, he hands up hard copy of the said Counter dated 15.12.2023 after serving copy of the same on the learned Counsel for the Petitioners. The Counter Affidavit be kept on record.

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5. Mr. Pattanaik, drawing attention of this Court to the order dated 16.08.2023 passed by the coordinate Bench in W.P.(C) No.25816 of 2023, which is annexed to the Counter as Annexure-C/4 submits, the prayer made in the said Writ Petition was same as of the present Writ Petition, vide which same prayer being made by another WSHG to cancel license No.229/Cs dated 06.04.2023, the coordinate Bench disposed of the said case giving liberty to the Writ Petitioner to prefer an appeal. It was further directed that if such an appeal is filed along with the application for condonation of delay, the Appellate Authority shall condone the delay and take up the appeal for hearing on merits.

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6. In view of the said order passed by the coordinate Bench, the Writ Petition stands disposed of in terms of the said order passed in W.P.(C) No.25816 of 2023 at the stage of admission by granting liberty to the Petitioners to approach the Appellate Authority by preferring an Appeal in terms of Clause-19 of the Odisha Public Distribution System(Control) Order, 2016 along with an application for condonation of delay within two weeks hence. If such an application is moved before the Appellate Authority within the time permitted, the Appellate Authority shall do well to condone the delay and deal with the Appeal and dispose of the same by giving opportunity to the Petitioners in terms of Sub-Clause (4) of Calsue-19 of Odisha Public

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Page 2 of 3

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Distribution System (Control) Order, 2016. Liberty is also granted to the Petitioners to move appropriate application for interim order in terms of the Sub-Clause (5) of clause-19 of the said Control Order, 2016.

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7. Urgent certified copy of this order be granted on proper application as per rules.

Prasant

(S. K. Mishra)

Judge

Signature Not Verified

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Digitally Signed Signed by: PRASANT KUMAR PRADHAN Designation: Secretary Reason: Authentication Location: High Court of Orissa , Cut tack Date: 20-Dec-2023 11:42:37

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Page 3 of 3

Budheswara Self Help Group, Puri v. State of Odisha

Case brief

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Budheswara Self Help Group, Puri v. State of Odisha

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