G NAGESWAR PATRA Vs. ADDITIONAL SECRETARY TO GOVERNMENTN THE FOOD SUPPLIES AND CONSUMER WELFARE DEPARTMENT ORISSA

JUDGEMENT

(1.) THIS writ application has been filed by the petitioner-Sri G.Nageswar Patra, partner of M/s. Shyam Sundar Traders, Berhampur, Dist. Ganjam seeking to challenge the order of confiscation dated 12.10.1990 passed by the Collector, Ganjam under Annexure-9 as well as the order dated 18.6.1994 passed by the Additional Secretary to Government of Orissa in the Food Supplies and Consumer Welfare Department in Appeal Case No.43 of 1990 under Annexure-10 dismissing the same and thereby confirming the order of confiscation passed by the Collector, Ganjam.

(2.) THE facts of the present case in brief is that the petitioner- G.Nageswar Patra is one of the partners of a registered firm in the name and style "M/s.Shyam Sundar Traders", Berhampur in the district of Ganjam. THE said partnership is found under Section 185 of the Income Tax Act and has been duly assessed from time to time. It is also averred that the firm M/s.Shyam Sundar Traders has been doing business on the strength of the licence bearing No.108/78 granted under the Orissa Pulses, Edible Oil Seeds and Edible Oils Dealers (Licencing) Order, 1977 (in short 'the Control Order') and the said licence was being renewed from time to time. THE petitioner had applied for renewal of licence in the year 1988-89 and after such application was made at the appropriate time, the licence was not renewed nor any order of rejection was communicated to the petitioner. Accordingly, for the years, 1989-90 and 1990-91, the petitioner duly made applications for renewal like in the previous years and continued his business of pulses and edible oil seeds on the bona fide understanding that the petitioner was legally entitled since the applications of renewal made earlier have not been rejected by the licencing authority.

(3.) IN the case of M/s.Ganesh Traders (supra), the aforesaid contention was considered by the Division Bench of this Court presided over by Hon'ble Shri Justice L.Rath (as His Lordship the then was) in Paragraph-4 thereof which is quoted hereinbelow: