JAYANTIBALA SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS review petition has been filed against the judgment and order dated 12.2.2007 passed by this Court in writ petition W.P.(C) No.13073 of 2006 dismissing the writ petition. The writ petition was filed challenging the order of detention passed by the District Magistrate, Mayurbhanj dated 8.9.2006 under Sections 3(1) and 3(2) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (for short, "the Act").

(2.) THE petitioner was granted a license of Sub -wholesale Dealership to deal in Kerosene oil under the Public Distribution System for Nuagaon and Kapadia Sub -Depots under Saraskana Block in the year 1966 -97 which was renewed from time to time and lastly the same was renewed up to 31st of March, 2007 under the Orissa Public Distribution System (Control) Order, 2002. She was detained under the Act by order of the District Magistrate, Mayurbhanj with a view to preventing her from acting in a manner prejudicial to the maintenance of supplies of Kerosene oil.

(3.) REVIEW of the judgment in question has been sought on the ground that the representation made by the petitioner before the Advisory Board (contained in Annexure -8 to the rejoinder affidavit to the writ petition) requesting in para -4 to allow her to be represented by her next friend and to supply six documents as stated in para -5 thereof but the petitioner was neither allowed to be represented by next friend nor the documents were supplied to her. However, no such averment has been made in the writ petition. The petitioner should have moved for amendment of the writ petition due to the pendente lite developments but the same was not made. Therefore, nothing could be done in that regard. In the procedure of Advisory Board mentioned in Section 11 of the Act, only this much has been provided that the report shall be submitted by the Advisory Board after obtaining the necessary information from the appropriate Government or from any person called for the purpose through the appropriate Government or from the person concerned or if the person concerned desires to be heard after hearing him in person. Needless to mention that opportunity of personal hearing was given to the petitioner.