PREM KUMAR AGRAWAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard.

(2.) IN this writ petition, petitioner prays to quash the order of suspension. Annexure -7, passed by the Collector, Bolangir on 21.11.2003, suspending the sub -wholesaler's licence of kerosene of the petitioner, which, according to Annexure -1, was renewed in March, 2001, making it valid up to 31.3.2006. A check by the Civil Supply Department to the place of business of the petitioner on kerosene oil on 22.10.2003 is not disputed. Petitioner also does not dispute to receipt of show cause on the basis of that checking made by the Civil Supply Staff. He also states that he has already submitted a show -cause. His sole grievance is that though he filed a show -cause, but the Collector, Bolangir, i.e., opposite party No.2. without affording an opportunity of hearing to him, passed the impugned order, Annexure -7, suspending his licence. Learned Standing Counsel referring to the counter affidavit filed by the opposite party members and the previous misconduct of the petitioner, initially resisted to the contention of the petitioner but conceding to the principle of natural justice he argues that petitioner should be provided with an opportunity of hearing before taking any decision by the opposite party No. 2.