LAWS(ORI)-2008-4-62

SURENDRA KUMAR BARIK Vs. STATE OF ORISSA

Decided On April 11, 2008
Surendra Kumar Barik Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) HEARD Mr. M.K. Das, learned counsel for the petitioner and learned Addl. Govt. Advocate for the State.

(2.) IN this writ application, the petitioner has sought to challenge the order dated 27.7.2006 passed by the Collector, Jajpur in Appeal Case No.30 of 2006 vide Annexure -10, refusing to renew the PDS license of the petitioner on the ground of alleged violation of O.P.D.S. (Control) Order, 2002.

(3.) MR . Das, learned counsel for the petitioner highlighting the error in the appellate order submits that it is clear from the certificate (Annexure -3) issued by the B.D.O. concerned to the petitioner whereas in appellate order, it is allegedly the petitioners lack of performance as a 'wholesaler has been basis of the decision. But, in the said certificate, the B.D.O. himself has certified that the petitioner was discharging his duty very well apart from regularly lifting his monthly quota and distributes the same to the retailers in terms of the allotment by the B.D.O. He further asserts that once such certification is issued by the B.D.O. upon joint verification of the petitioners premises for recommending his renewal for the subsequent year 2006 -07, the alleged lack of performance is on the part of the petitioner is only to eye -wash for the purpose of not granting him renewal.