TULASI PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In 1994 the writ petitioner was appointed a sub-wholeseler in Kerosene and was granted a licence under the Orissa Kerosene Control Order, 1962. Initially, the petitioner was permitted to lift 9200 litres of kerosene, but subsequently she was allowed to supply kerosene to 19 retailers of four Gram Panchayats, namely, Ayoba, Purusottampur, Kansar and Ostopur and the quota came to be raised to 15,000 Litres. The petitioner's licence under Kerosene Control Order has been renewed from time to time and the licence is valid till 31st March, 2000. On January 3, 2000 suddenly the Collector appointed opp. party No. 5 as sub-wholesale dealer for the Grama Panchayats Ayoba and Purusottampur and the area of operation of the petitioner has been reduced to two Grama Panchayats, namely; Kansar and Ostopur. Under the said order the monthly quota of the petitioner has come down to 9260 litres. The petitioner has challenged the said appointment of opp. party No. 5 and consequent reduction of area of operation and curtailment of quota.

(2.) In the writ petition the petitioner has asserted that till date there is no allegation against her performance and none of the retailers attached to her raised any grievance against her. The petitioner has also stated that before curtailing her area no opportunity of hearing was given to her.

(3.) Mr. Mohanty, learned Advocate appearing for the petitioner has submitted that reduction of area of petitioner's sub-wholesalership amounts to cancellation of the licence and accordingly, the area of operation mentioned in the licence cannot be reduced without giving an opportunity of hearing to the licencee. In support of his submission Mr. Mohanty has relied upon a Division Bench decision of this Court inM/s. Sarala Distributors v. Collector, Kendrapara, reported in (1993) 2 Orissa LR 290. In M/s. Sarala Distributors' case this Court has held that in exercise of powers under paragraph 15 of the Orissa Kerosene Control Order the Collector cannot withdraw area of operation from one licencee to another and that if any of the terms and conditions of the licence already granted is varied to the disadvantage of the licences, he must be given opportunity of being heard.