Akhaya Kumar Panda Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Akhaya Kumar Panda Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the Petitioner to prefer an Appeal before the Collector, Jajpur under Clause 19(1) of OPDS (Control) Order, 2016 within two weeks with an application for condonation of delay; the Collector, Jajpur (O.P. No.1) to condone the delay and dispose of the Appeal in accordance with law, giving due opportunity to the Petitioner.

Issue for consideration

Whether the Petitioner's grievance regarding suspension of his FPS license, which is appealable under Clause 19(1) of OPDS (Control) Order, 2016, should be pursued by way of an Appeal before the Collector, Jajpur rather than through the writ petition seeking disposal of his pending representation.

Court's answer

The writ petition stands disposed of, giving the Petitioner liberty to prefer an Appeal before the Collector, Jajpur under Clause 19(1) of OPDS (Control) Order, 2016 within a period of two weeks, along with an application for condonation of delay.

Ratio / Principle

If such an Appeal is preferred along with an application for condonation of delay, the Collector, Jajpur (O.P. No.1) shall do well to condone the delay and dispose of the said Appeal in accordance with law, giving due opportunity to the Petitioner.

Detailed headnote1 paragraphs

Writ petition W.P.(C) No.3654 of 2025 (High Court of Orissa at Cuttack, decided 10.09.2025, Justice Sanjay Kumar Mishra) filed by Akhaya Kumar panda, claiming to be a PDS Retailer/Wholesaler (FPS Code No.1301P112, Tally Register No.34/2022-23), praying for disposal of his representation allegedly submitted before the Collector, Jajpur (O.P. No.1) on 24.12.2024 and pending. The writ petition disclosed no mode of communication of the representation; despite the Court's direction, the State Counsel obtained no instructions, while the Petitioner delivered a copy of the petition and the Court's order dated 16.07.2025 at the Collector's office on 22.07.2025 (duly acknowledged). Observing that the grievance - suspension of the Petitioner's FPS license - is appealable under Clause 19(1) of OPDS (Control) Order, 2016, the Court disposed of the writ petition, granting liberty to prefer an Appeal before the Collector, Jajpur within two weeks with an application for condonation of delay, and directed the Collector to condone the delay and dispose of the Appeal in accordance with law, giving due opportunity to the Petitioner.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.3654 of 2025

Akhaya Kumar panda

…. Petitioner

Mr. R.K. Nayak, Advocate

-versus-

State of Orissa & ors.

…. Opposite Parties

Mrs. U. Padhi, ASC

CORAM: JUSTICE SANJAY KUMAR MISHRA

ORDER

10.09.2025

Order No.

07.

This matter is taken up through hybrid mode.

2. This writ petition has been preferred by the Petitioner, who claims himself to be PDS Retailer/ Wholesaler of PDS Commodities vide FPS Code No.1301P112, Tally Register No.34/2022-23, with a prayer to direct the Opposite Parties to dispose of his representation, allegedly submitted before the Collector, Jajpur (O.P. No.1) on 24.12.2024, which is pending.

3. Since there is no disclosure in the writ petition as to the mode of communication of such representation, on being directed by this Court, learned State Counsel prayed for an adjournment to ascertain the correctness of such submission made in the writ petition. But till date learned State Counsel has failed to obtain instruction in the said regard. Today also learned Counsel for the State again prays for further time to take instruction in terms of order dated 16.07.2025.

4. However, in the meantime, a Memo has been filed by the learned Counsel for the Petitioner that pursuant to order dated 16.07.2025 of this Court, he personally went to the Office of the Collector, Jajpur on 22.07.2025 and handed over a copy of the writ petition along with the said order dated 16.07.2025, which were duly acknowledged by the office of the Collector, Jajpur.

5. However, as the grievance of the Petitioner is regarding suspension of his FPS license, which is appealable under Clause 19(1) of OPDS (Control) Order, 2016, the writ petition stands disposed of giving liberty to the Petitioner to prefer an Appeal before the Collector, Jajpur in terms of the said provision within a period of two weeks hence along with an application for condonation of delay.

6. It is made clear that if such an Appeal is preferred along with an application for condonation of delay, the Collector, Jajpur (O.P. No.1) shall do well to condone the delay and dispose of the said Appeal in accordance with law, giving due opportunity to the Petitioner.

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

(S.K. MISHRA)

JUDGE

Banita

Signature Not Verified

Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: SR. STENOGRAPHER Reason: AUTHENTICACTION Location: HIGH COURT OF ORISSA, C UTT ACK Date: 11-Sep-2025 15:45:15

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