Arun Kumar @ Barik Vs Collector Cum Dist.Magistrate, Puri

M.S.SAHOO, J. The writ petition has been filed by the petitioner, who is a fair price shop owner/dealer in the district of Puri at Radhakrushnapur, P.O.Jagannathpur.

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The petitioner Public Distribution System (PDS) Dealer challenges the order dated 26.12.2025 passed by the opposite party no.2-Sub Collector, Puri & Licensing Authority. By the said letter the PDS license as well as the PDS dealership of the petitioner was suspended with immediate effect, the purported reason stated in the letter being ‘irregular distribution of PDS rice to the cardholder

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and contravention of the conditions of Odisha Public Distribution System (Control) Order, 2016 as well as PDS license’.

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Thereafter, the petitioner has approached the statutory authority under Order 19 of the Odisha Public Distribution System (Control) Order, 2016 challenging the said order dated 26.12.2025 by filing appeal, registered as Appeal Case No.1 of 2026.

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2. Learned counsel for the petitioner as well as learned Additional Government Advocate were heard at length. On consent the matter is finally heard and disposed of.

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3. It is submitted by the learned counsel for the petitioner that though he has opted for the statutory appeal under Order 19 (1) which also has a provision, i.e., 19 (5) not to give effect to the order of suspension and he has filed appropriate I.A. seeking interim order, he is facing undue hardship due to deprivation of his livelihood upon suspension of the license, therefore, he has approached this Court invoking writ jurisdiction.

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4. It is further submitted by the learned counsel for the petitioner that during pendency of the appeal he should be allowed to continue with his PDS dealership out of which he earns his livelihood without prejudice to the merits of the said appeal filed Order 19 (1) of Odisha Public Distribution System (Control) Order, 2016.

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5. In response the learned Additional Government Advocate relies on the provisions of OPDS (Control), 2016: Order 17 (1) and (4) read with Order 5 to support the action of the authorities. The said Orders are reproduced herein:

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“ 17. Contravention of Conidiations of License or Control Orders. - (1) No holder of a license issued under this Order, or his agent or servant or any other person acting on his behalf or placed by him in physical charge of stock shall contravene any of the terms or conditions of the license or of any control Order issued under the Act.

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(4) The Licensing Authority may, by order, without giving prior notice to the Dealer, suspend the license of a Dealer, if a proceeding under Sub-clause (1) has been initiated against the dealer, and the said Licensing Authority is satisfied that it is not in the interest of the smooth operation of the Public Distribution System to allow the Dealer to handle the PDS stocks.

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Explanation- For the purpose of this sub-clause, the proceedings under sub clause (1) shall be deemed to have been initiated on the date of issue of the show-cause notice by the Licensing Authority.

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(5) No prior show cause notice would be required for withholding the allocation of quota to any licensee for a period not exceeding sixty days pending enquiry or investigation against the licensee, if the Licensing Authority has reasons to believe that the licensee has not maintained proper and correct accounts in respect of the

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quota allocated to him earlier or has diverted the Public Distribution System stocks or committed any other irregularities.

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6. Responding to the contentions raised by the petitioner regarding interim arrangement of allowing him to deal with the PDS commodity after he has been suspended, the learned Additional Government Advocate submits that in such a emergent situation usually the PDS supply is attached to a nearby dealer which has been rightly done in this case.

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7. The Order 19 of Odisha Public Distribution System (Control) Order, 2016 provides thus.

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19. Appeal- (1) Any person aggrieved by an order of the Licensing Authority refusing to grant or renew or reissue a license or suspending or cancelling a license or forfeiting the security deposit or withholding the allocation of quota under the provisions of this order may prefer an appeal before the Appellate Authority within thirty days of the date of receipt of the order.

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(2) The memorandum of appeal should be accompanied by a copy of the license of the appellant and a copy of the order against which appeal has been preferred.

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(3) Any appeal preferred after the expiry of the aforesaid period may be summarily rejected by the Appellate Authority.

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(4) No such appeal shall be disposed of unless the aggrieved person has been given a reasonable opportunity of being heard in person. (5) Pending disposal of an appeal, the Appellate Authority may direct that the order of the Licensing Authority, against which the appeal is preferred, shall not take effect until the appeal is disposed of.”

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8. Having heard learned counsel for the parties, considering the statutory provision, i.e., Odisha Public Distribution System (Control) Order, 2016, this Court is of the considered view that after appeal has been filed, during pendency of the appeal filed under Order 19 (1), the statutory appellate authority has to be allowed to consider the matter in its own merit and pass appropriate order that is/would be sought for under Order 19 (5). At the stage of pendency of appeal and/or before consideration of application under Order 19(5) seeking interim relief this Court need not interfere as the statute defines the authority and the proceeding for redressal of grievance of the dealer.

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9. The learned counsel for the petitioner submits that the petition filed seeking interim relief under Order 19 (5) should be heard expeditiously.

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Responding to the submission of the learned counsel for the petitioner that the application made under Order 19(5) of OPDS (Control) Order, 2016 needs to be decided at the earliest, it is submitted by the learned Additional Government Advocate that given a reasonable time, the authority shall consider the same and take decision.

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10. Accordingly, it is further directed that the petitioner shall move the authority, if not already moved under the Order 19 (5) of OPDS (Control) Order, 2016 seeking

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appropriate direction. The said application, if already filed/to be filed, shall be taken up by the authority expeditiously, after granting due opportunity of hearing to all the stakeholders and decision shall be taken within six weeks of the date of production of certified copy of this order.

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It is also directed that the petitioner as well as the opposite parties shall cooperate with the authority in taking up of the proceeding in its proper perspective.

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11. The writ petition is disposed of with the aforesaid observations.

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It is further clarified that while disposing of the writ petition by considering the contentions raised at the bar on behalf of both the sides, this Court has not expressed any opinion regarding the merits of the case of the parties to the litigation in any manner whatsoever.

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……………………

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M.S. Sahoo, J.

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Orissa High Court, Cuttack Signature Not Verified The 20^th January, 2026/Gs

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Digitally Signed Signed by: GAGAN BIHARI SAMAL Reason: Authentication Location: ohc Date: 28-Jan-2026 19:52:39

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Arun Kumar @ Barik v. Collector Cum Dist.Magistrate, Puri

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Arun Kumar @ Barik v. Collector Cum Dist.Magistrate, Puri

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