SUBASH KUMAR AGARWAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioners have filed this Writ Petition seeking to challenge the order dated 21.2.2004 (Annexure -6) passed by the Collector, Kalahandi -Opp. Party No. 5 postponing the last date of receipt of applications for opening 'Day and Night' medicine shop.

(2.) IN the Writ Petition, the petitioners have alleged that Opp. Party No. 5 -Collector had no jurisdiction to postpone the last date of receipt of applications as the Collector was not the authority who issued the advertisement inviting applications. It is further stated in the Writ Petition that the Order of the Collector under Annexure -6 is contrary to the policy of the Government with regard to opening of 'Day and Night' medicine shop as is revealed from Annexure -

(3.) BEING aggrieved by the above order passed by the Collector -Opp. Party No. 5, the petitioners, who submitted their offers in the prescribed format, in response to the advertisement dated 31.1.2004 (Annexure -4), have preferred this Writ Application under Article 226 of the Constitution. It is alleged by the petitioners that the order under Annexure -6 is without jurisdiction as the Collector had no authority to extend the cut off date fixed in the advertisement for receipt of the applications, which was issued by the Chief District Medical Officer, Kalahandi and this was done only to show undue favour to certain persons who did not submit their offers within the stipulated date.