On perusal of the present writ petition, it appears that the Petitioner has approached this Court for a direction to the Opposite Parties not to take any coercive action against him for recovery of balance excessive paddy or the cost of said excessive paddy, against which, the rice has not yet been delivered to the Corporation including not to lodge any F.I.R against the Petitioner and other partners of the firm.

Mr. S.K. Mishra, learned counsel appearing for the Opposite Party-Corporation submitted that the present writ petition is pre-mature, as no action has yet been taken against the Petitioner. Further, in the event any action to be taken against the Petitioner, then the Opposite Parties are bound to provide an

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opportunity in adherence to the principle of natural justice which is needed in every administrative action having a civil consequence.

Since the Petitioner is not aggrieved by any action, which has been taken by the Opposite Parties, this Court is of the considered view that the present writ petition is pre-mature. Moreover, this writ petition is being disposed by directing the Opposite Parties that in the event any action is taken against the Petitioner, then opportunity of hearing be provided to the Petitioner before passing such order and after considering the reply of the Petitioner, necessary orders be passed in accordance with law.

With the aforesaid observation and direction, this writ petition stands disposed of.

( A.K. Mohapatra)
Judge

Debasis

Jai Girigobardhan Ri v. State and Ors.

Case brief