PREM KUMAR AGARWALA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner in this writ application challenges the legality of the or der passed by the opposite parties 1 and 2 cancelling his licence.

(2.) The case of the petitioner is that he was appointed as a Sub-wholesaler for kerosene in Loisingha Block and was continuing as such since 1991. His licence was being renewed from year to year and the same was cancelled in the impugned order. The further case of the petitioner is that on 22-10-2003, the Tahsildar, Bolangir accompanied by the Sub-Collector and Civil Supplies staff inspected the business premises of the petitioner and found 5,300 liters of kerosene kept in stock tallied with the book balance. However, a report was submitted stating that the display board was not in order and 'J' licence was not produced although the stock and price of kerosene board was there in the business premises on the front side of the wall. After receipt of the report, the Collector, Bolangir in its letter dated 3-11-2003 directed the petitioner to show cause as to why the Sub-wholesale licence shall not be cancelled and other legal proceedings shall not be initiated against him on the following grounds :

(3.) In response to the aforesaid notice, the petitioner submitted his reply in Annexure-4. In Annexure-5, the order of cancellation was passed by the Collector and challenging the same, an appeal was preferred before the opposite party No. 1. The opposite party No. 1 has also dismissed the appeal in Annexure-6 giving rise to this writ application.