M/S.Yatri Bhojan Private Ltd, Bbsr Vs State of Odisha — Orissa HC (2024) — LawSathi Research

M/S.Yatri Bhojan Private Ltd, Bbsr Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the impugned order of cancellation of licence dated 22nd October 2024 (Annexure-13) was passed beyond the scope of the show cause notice (Annexure-9), i.e., without opportunity of hearing on points not covered therein.

Court's answer

The Petitioner's contention that the impugned cancellation order went beyond the scope of the show cause notice (Annexure-9) is incorrect on record; on comparison, both the show cause notice and the impugned order proceed on violation of the terms of contract, the order additionally citing failure to pay licence fee in time and negligence in maintaining minimum standards of hygiene and food safety.

Ratio / Principle

The impugned order itself reveals that opportunity of hearing was granted and the Petitioner participated in the proceedings to submit its explanation; accordingly, no merit was seen in the Petitioner's contention to entertain the prayer.

Detailed headnote1 paragraphs

Challenge to the order dated 22nd October 2024 (Annexure-13) cancelling the Petitioner's licence. The Petitioner contended that the cancellation was founded on a ground (failure to maintain minimum standards of hygiene and safety in preparation and storage of food) not covered by the show cause notice (Annexure-9), amounting to denial of an effective opportunity of hearing. Comparing both documents, the Court held the contention incorrect on record: the show cause notice alleged violation of the terms of contract and the impugned order likewise referred to breach of contract terms, besides failure to pay licence fee in time and negligence relating to hygiene and food safety; the impugned order itself disclosed that hearing was granted and that the Petitioner participated and submitted its explanation. Finding no merit, the High Court (Coram: Justice B.P. Routray) dismissed the writ petition by order dated 20.12.2024. Earlier, the Petitioner's WP(C) No.24195 of 2024 against the show cause notice had been disposed of as premature on 1st October 2024 with liberty to challenge the final order. No statute or precedent was cited.

Signature Not Verified

Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: OHC, Cuttack Date: 23-Dec-2024 16:15:04

IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.27105 of 2024

M/s. Yatri Bhojan Private Limited, represented through its Managing Director Ashish Kumar Samal

…. Petitioner Ms. D. Mohapatra, Advocate

-versus-

State of Odisha, represented through its Principal Secretary, Home Department and Another

…. Opposite Parties

Mr. G. Tripathy, Additional Government Advocate with Mr. D. Mohanty, Additional Government Advocate

CORAM: JUSTICE B. P. ROUTRAY

ORDER

20.12.2024

Order No.

The matter is taken up through hybrid mode.

Heard Ms. D. Mohapatra, learned counsel for the Petitioner and Mr. G. Tripathy, learned AGA assisted by Mr. D. Mohanty, learned AGA.

The impugned order dated 22^nd October 2024 at Annexure13, cancelling license of the Petitioner, is subject matter of challenge before this court.

Previously the Petitioner had approached this court in WP(C) No.24195 of 2024 challenging the show cause notice dated 25^th September 2024 (Annexure-9) issued to it, and this court vide order dated 1^st October, 2024 disposed of said writ petition stating the same as premature and with liberty to the Petitioner to challenge the final order, if any.

It is submitted on behalf of the Petitioner that this impugned order under Annexure-13 has been passed without granting any

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Signature Not Verified

Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: OHC, Cuttack Date: 23-Dec-2024 16:15:04

opportunity of hearing to the Petitioner on certain points which is not covered in the show cause notice under Annexure-9. To substantiate the point, it is submitted that the impugned order of cancellation of license has been passed on the premise that the Petitioner failed to maintain minimum standard of hygiene and safety in preparation of food and storage of the same, which was not a part of the show cause notice dated 19^th September, 2024.

Upon hearing both parties and having thorough perusal of the show cause notice under Annexure-9 and the impugned order under Annexure-13, it reveals that the language used in the show cause notice is for violation of terms of contract and the impugned order also states about violation of the terms of contract in addition to failure on the part of the Petitioner to pay license fee in time and such negligence on the part of the Petitioner relating to maintenance of minimum standard of hygiene and food safety. So, what is submitted by Ms. Mohapatra that the impugned order is beyond the scope of show cause notice served on him as per Annexure-9, is found incorrect on record. The impugned order itself reveals the opportunity of hearing granted to the Petitioner and participation of the Petitioner in the proceeding to submit his explanation. As such, no merit is seen in the contention of the Petitioner to entertain the prayer.

In the result the writ petition is dismissed.

( B.P. Routray)

Judge

M.K. Panda

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