LAWS(ORI)-2013-12-11

ANUP KUMAR JAIN Vs. COLLECTOR, BOLANGIR

Decided On December 09, 2013
Anup Kumar Jain Appellant
V/S
Collector, Bolangir Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Additional Government Advocate. Perused the records.

(2.) Order dated 11.07.2013 under Annexure-1 passed by the Collector, Bolangir suspending the wholesaler licence of the petitioner in respect of S.K. Oil is the subject matter of challenge in this writ application.

(3.) Learned counsel for the petitioner submits that the reason given for suspension in the suspension order is due to irregular distribution of S.K. Oil by the petitioner for which an FIR has been lodged in the Police Station by the Inspector of Supplies, Patnagarh. Inviting attention of this Court Clause 14 of the Orissa P.D.S. (Control) Order, 2008, he submits that under Sub-clause (3) of the said clause suspension of the licence of the licensee is permissible only where a proceeding under Sub-clause (1) of Clause 14 i.e. for cancellation of licence has been initiated for the reason as mentioned in Sub-clause (1). He also submits that for initiation of a proceeding for cancellation of licence, a show cause notice to the licencee is mandatory. But no show cause notice has been issued to the petitioner.