MEENA SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner who had been appointed as a sub-wholesaler in kerosene oil for Bandhapara in the district of Bolangir has filed this writ application challenging the order passed by the Collector, Bolangir in Annexure-4 on 3-3-2001 cancelling her licence as well as the order passed by the appellate authority in Annexure-6 dated 5-7-2003 dismissing the appeal.

(2.) The case of the petitioner is that she had been appointed as a Sub-wholesaler in Kerosene Oil for the village Bandhapara in the district of Bolangir. The Collector, Bolangir issued a notice to show cause on 4-1-2001 directing the petitioner to submit her explanation as to why the licence shall not be cancelled on the grounds mentioned in the said show cause notice. The petitioner submitted her reply to the said show cause notice and the impugned order was passed by the Collector in Annexure-4 on 3-3-2001 cancelling the licence. The petitioner thereafter challenged the said order of the Collector before the appellate authority and the appeal having been dismissed, this writ application has been filed. The petitioner was asked to show cause as to why the licence shall not be cancelled on the following grounds :

(3.) In reply to the aforesaid notice to show cause, the petitioner submitted her reply in Annexure-4 stating therein that she had entrusted the business to her brother Laxman Naik under a registered deed of power of attorney during the period she was pregnant in the year 2000. The allegation that she had entrusted the business to Smt. Renuka Patra was denied. The other allegations were denied by the petitioner. Considering the reply of the petitioner, the Collector found her guilty of the following irregularities : (i) The explanation submitted by the sub- wholesaler is found to be incorrect and false and as such there is contravention of condition No. 4 of the Kerosene Oil Sub-wholesale Licence. (ii) The Sub- wholesaler was found to have issued to retailers 15 to 20 liters less in every barrel of 200 liters.