BABULAL MOTALI Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner as well as learned Addl. Govt. Advocate for the State.

(2.) THE petitioner in this writ petition challenges the action of the opposite parties in cancelling the licence of the petitioner for Sub -wholesalership in Kerosene oil on the ground that before cancelling the licence, no opportunity of hearing was given to the petitioner. It is stated that the petitioner was a licence holder to deal in Kerosene oil as Sub -wholesaler at Ghantapada under Kantamal Block of Boudh district since 15.7.2000 and the said licence was valid till 31.3.2003. On 20.2.2003 O.P. No. 2, i.e., the Collector, Boudh, by his order dated 20.2.2003 (Annexure -2) cancelled the licence for Sub - wholesaler in Kerosene on the ground that he was appointed after 15.2.1999 without the approval of the State Govt.

(3.) DURING the course of hearing this Court was not satisfied with the averments made in the counter affidavit as the same did not contain anything about affording any opportunity of hearing to the petitioner before cancelling the licence for which counsel for the State was directed to produce the relevant file in which the impugned order was passed. Learned Addl. Govt. Advocate today produces the relevant file for my perusal.