JAY BIHARI PATEL Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard. The petitioner was a licensee in respect of a fair price shop under the public distribution system for the year 2010-2011. His licence was cancelled with effect from 01.04.2010. Surprisingly the order of cancellation was not communicated to the petitioner and on coming to know subsequently about the factum of cancellation, the petitioner filed this writ petition for a direction to reappoint the petitioner as retailer of Budhapali Retail Centre by cancelling the licence issued in favour of opposite party No. 6 in his place.

(2.) The State has filed counter affidavit and it is specifically stated that for some irregularities on the part of the petitioner his licence was cancelled.

(3.) Learned counsel for the petitioner taking me through the provisions of Clause 14 of O.P.D.S. (Control) Order, 2008 submits that no opportunity of hearing having been afforded to the petitioner before cancellation of licence, the order of cancelling licence is illegal and not sustainable in the eye of law.