BHARAT CHANDRAD BALIARSINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) In all the writ petitions, the petitioners have prayed to quash the letter dated 5.3.2010 issued by the Collector, Nayagarh to the Sub-Collector, Nayagarh and the office order dated 8.4.2010 issued to all the B.D.Os under Nayagarh district and to direct the authority to renew their retail/sub-wholesale licences. The reliefs sought for in all the writ petitions having been same, the following common judgment is passed thereon.

(2.) The petitioners are retailers/storage agents in respect of Essential Commodities under the Orissa Public Distribution System in different sale centres under Nayagarh district. They applied for renewal of their licenses, but while such applications were pending consideration, the Collector, Nayagarh (opposite party No. 2) vide letter dated 5.3.2010 directed the Sub-Collector, Nayagarh to see that from 1st April, 2010 all the G.P. headquarters shall have PDS retail points which are to be handed over to the Sarpanchs with tagging of minimum 500 cards. The Sarpanch may decide independently to hand over retailership to an existing reliable retailer or hand over to the SHG or run the shop through the GP itself. In his Office Order dated 8.4.2010 he instructed all the B.D.Os. to impress upon the G.Ps to take up responsibility of Public Distribution system and to direct the G.Ps to obtain licence from the Sub-Collector-a/m-Licensing Authority on deposit of licence fee of Rs. 2000/- and security deposit @ Rs. 1000/- per G.P. by way of Treasury Challan as per Clause 7 and 8 of O.P.D.S. (Control) Order, 2008 and some other instructions. It is the specific case of the petitioners that the State Government in Food Supplies & Consumer Welfare Department vide letter dated 22.3.2010 issued to all the Collectors of the State, directed that licenses of the Sub-W lolesalers of Kerosene Oil which are valid up to 31.3.2010, may be remwed for a period of four months with effect from 1.4.2010 as per conditions laid down in O.P.D.S. (Control) Order 2008 subject to their satisfactory performances. It was further directed that in case of retailers, the renewal of their licenses may be as per the O.P.D.S. (Control) Order 2008 for a period of one year with effect from 1.4.2010. Despite issue of such notification by the Government the Collector, Nayagarh (opposite party No. 2) issued the order dated 8.4.2010 and the letter dated 5.3.2010 which are arbitrary and illegal. Hence the writ petitions to quash the letter dated 5.3.2010 and the office order dated 8.4.2010 of the Collector, Nayagarh and to direct the licencing authority to renew their licences.

(3.) Opp. party Nos. 2 and 3 in their Counter contended that the opp. party No. 2 has exercised his power within the scope and ambit of Orissa Public Distribution System (Control) Order, 2008 as well as instructions issued by the Govt., in Food Supplies and Consumer Welfare and Panchayatiraj Department from time to time. He did not violate the order dated 22nd March, 2010 of the Govt., of Orissa, Food Supplies and Consumer Welfare Department by issuing letter dated 5.3.2010 and office order dated 8.4.2010 and as such prayed to dismiss all the writ petitions.