KANHU CHARAN MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE order dated 17.8.2005 passed by the Sub -Collector, Bhadrak, suspending the supply of monthly quota of the petitioner, who is a retailer of Battitanki under Chandbali Block, is assailed in this writ application.

(2.) MR . Das, learned counsel for the petitioner submits that it is mandatory under the provision of Clause -10 of the Orissa Public Distribution System (Control) Order, 2002, to issue a show cause notice before an order of suspension is passed. The provision of Clause -10 of the Orissa Public Distribution System (Control) Order, 2002 reads as follows : - 10. Contravention of conditions of licence -No holder of a licence issued under this order or his agent or servant or any other person acting on his behalf shall contravene any of the terms of conditions of the licence and if any such person contravenes any of the said terms and conditions, without prejudice to any other action that may be taken against him, his licence may be cancelled or suspended by order in writing of the Licensing Authority. Provided that no order shall be made under this clause unless the licensee has been given a reasonable opportunity of stating his case against the proposed cancellation or suspension.

(3.) TILL disposal of the reply to the show cause notice of the petitioner status quo as on date with regard to the distribution of the commodities shall be maintained.