Shakti Kamadhenu Women Self Help Group, Dhenkanal Vs State of Odisha — Orissa HC (2024) — LawSathi Research

Shakti Kamadhenu Women Self Help Group, Dhenkanal Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of as withdrawn with liberty to approach the appellate authority under Clause-19 of the Odisha PDS (Control) Order, 2016; appellate authority directed to condone delay if the appeal is filed within three weeks with a condonation application (having regard to the averments and Section-14 of the Limitation Act), to dispose of the appeal on merits, and to grant a hearing to Opposite Party No.5 (Baba Gorekhnath WSHG); urgent certified copy to be granted on proper application as per rule.

Issue for consideration

Challenge to the letter dated 13.12.2023 issued by the Sub-Collector, Dhenkanal appointing Baba Gorekhnath WSHG (Opposite Party No.5) as PDS dealer for Kabera centre of Kabera G.P. under Gondia Block. +1 more

Ratio / Principle

The writ petition stands disposed of as withdrawn, with liberty to the petitioner to approach the appellate authority in terms of the Odisha PDS (Control) Order, 2016.

Key takeaways

Direction to the appellate authority: if an appeal is preferred within three weeks in terms of Clause-19 of the Odisha PDS (Control) Order, 2016 along with an application for condonation of delay, the authority shall condone the delay considering the averments in the application and Section-14 of the Limitation Act, dispose of the appeal on merits under Clause-19, and give an opportunity of hearing to Baba Gorekhnath WSHG (Opposite Party No.5).ratio¶¶21

Detailed headnote1 paragraphs

Writ petition (W.P.(C) No.3313 of 2024) challenging the letter dated 13.12.2023 of the Sub-Collector, Dhenkanal appointing Baba Gorekhnath WSHG (Opposite Party No.5) as PDS dealer for Kabera centre of Kabera G.P., Gondia Block, was disposed of as withdrawn after the State pointed to the alternative remedy under Clause-19 of the Odisha PDS (Control) Order, 2016. The petitioner had learnt of the appointment only through an RTI response dated 04.01.2024. Liberty was granted to approach the appellate authority; the Court directed that if an appeal is filed within three weeks along with a condonation-of-delay application, the authority shall condone the delay considering the averments therein and Section-14 of the Limitation Act, decide the appeal on merits in terms of Clause-19, and give an opportunity of hearing to Baba Gorekhnath WSHG.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.3313 of 2024

Shakti Kamadheno WSHG, Dhenkanal

Petitioner

Mr. A.P. Bose, Advocate

-versus-

State of Odisha & ors.

…. Opposite Parties

Mr. A. Behera, ASC

CORAM: JUSTICE SANJAY KUMAR MISHRA

Order No.

01.

ORDER 16.02.2024 This matter is taken up through hybrid mode.

This writ petition has been preferred challenging the letter dated 13.12.2023 as at Annexure-1, issued by the SubCollector, Dhenkanal, vide which the Opposite Party No.5 i.e. Baba Gorekhnath WSHG, Kabera, was appointed as PDS dealer for Kabera centre of Kabera G.P. , under Gondia Block , in terms of the Odisha PDS (Control) Order, 2016.

Mr. A.P. Bose, learned Counsel for the Petitioner submits, after getting information under the Right to Information Act on 04.01.2024, his client came to know about the said letter so also reason of rejection of its case by the Opposite Party No.3. Knowing so, the present writ petition has been preferred challenging the said letter under annexure-1.

Mr. A. Behera, learned ASC for the State-Opposite Parties submits, in view of availability of alternative remedy under Clause-19 of the Odisha PDS (Control) Order, 2016,

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the writ petition is not maintainable.

In view of such submission made by the State- Counsel, Mr. Bose, learned Counsel for the Petitioner prays to withdraw the writ petition with liberty to approach the appellate authority in terms of the Odisha PDS (Control) Order, 2016.

In view of the submission made, this writ petition stands disposed of as withdrawn with the liberty as prayed for.

Needless to mention here that if an appeal is preferred within three weeks’ hence in terms of Clause-19 of the Odisha PDS (Control) Order, 2016 along with an application for condonation of delay, the authority concerned shall do well to condone the delay by taking into consideration the averments made in the application for condonation of delay and provisions under Section-14 of the Limitation Act and dispose of the said appeal on merit in terms of the provisions under Clause-19 of the Odisha PDS (Control) Order, 2016 so also by giving an opportunity of hearing to Baba Gorekhnath WSHG, which has been arrayed as Opposite Party No.5 to the present writ petition.

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

(S.K. MISHRA)

JUDGE

Banita

Signature Not Verified

Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: SR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, C UTT ACK Date: 19-Feb-2024 17:32:39

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