DAYANIDHI MOHAPATRA Vs. THE COLLECTOR-CUM-DISTRICT

JUDGEMENT

(1.) The petitioner was a licensee in respect of shop room No.35 in Ananda Bazar of Shri Jagannath Temple, AFR Puri. He was carrying on his business of selling "Bhog" to the devotees of Lord Jagannath and earning his livelihood. The licence was valid for a period of 20 years. While he was carrying on his business, he was intimated on 28.05.2001 to make necessary arrangement for shifting of his cabin in view of the ensuing "Snana Purnima Festival". But, subsequently, after the said festival was over, he was allowed to continue his business in the said cabin. Again on 10.08.2001, all the wooden cabin owners inside Ananda Bazar were called for by the authority for a discussion. Thereafter, on 13.02.2002 vide Annexure-8 the licence granted in favour of the petitioner was cancelled. Hence this application.

(2.) Mr. A.K. Mohapatra, learned counsel for the petitioner strenuously urged that the order dated 13.02002 in Annexure-8 canceling the licence of the petitioner is not a speaking one and as such, no reason has been assigned for such cancellation. More so, the same has been done without compliance of the principles of natural justice. Therefore, he seeks for quashing of the same.

(3.) Mr. S. Satpathy, learned counsel for opposite party no.2 contended that the petitioner himself was not utilizing shop room no.35 for carrying on his business. Rather he had sub-let the said shop room to some other person. Thereby, the petitioner has violated the conditions stipulated in the licence. Therefore, the authority has every right to cancel the licence and as such, no illegality or irregularity has been committed by the authority by cancelling the licence of the petitioner.