Orissa High Court
Priyadarshini W.S.H.G vs State Of Odisha And Others .... ... on 8 August, 2023
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.24764 of 2023
Priyadarshini W.S.H.G., .... Petitioners
Sundergarh and others
Mr.Subrat Ku. Das, Advocate
-versus-
State of Odisha and others .... Opp.Parties
Mr.Iswar Mohanty, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 08.08.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioners as well as the learned Additional Standing Counsel. Perused the Writ Petition as well as the documents annexed thereto.
3. The present Writ Petition has been filed with the following prayer :
"On the aforesaid facts and circumstances, the Petitioners humbly pray that this Hon'ble Court may be graciously pleased to issue notice Opposite Parties and after perusal of cause shown be further pleased to:-
i) Direct/order that the Sub-Collector, Panposh (O.P.No.3) shall renew IDS Kerosene license of the Petitioners for the year, 2023-24; and/or
ii) Direct/order that the Petitioners may be allowed to distribute the P.D.S. Kerosene amongst the consumers/beneficiaries tagged to their Fair Price Shop as before.
// 2 //
iii) Pass such other orders/direction as this Hon'ble Court may deem fit and proper in the interest of justice,"
4. It is submitted by the learned counsel for the Petitioners that the Petitioners are Fair Price Shop owners deals in kerosene oil. It is further contended by the learned counsel for the Petitioners that the P.D.S. authority has not allocated the quota of kerosene for the month of April, 2023. Although he has approached the authority for allocation of such quota of kerosene for the month of April,, no action has been taken by the Opposite Parties. He further contended that the P.D.S. license which have been issued in favour of the Petitioners fall due for renewal from the month of April , 2023 for the next financial year. He further contended that although the Petitioners have applied for renewal of license much prior to the expiry of the license of last year, no decision has been taken on the renewal application although similar applications for renewal in respect of other persons have already been taken and renewed in the meantime. Renewal of license in respect of other retailers, the Petitioners have annexed the order dated 04.03.2023, which is a direction by the Food Supplies & Consumer Welfare Department, Odisha to the Collector in general for renewal of licence of existing Fair Prince Shops Dealers for the year 2023-24 under the provisions of OPDS (Control) Order, 2016. Learned counsel for the Petitioner also submitted that although all the formalities have been complied as required under the OPDS (Control) Order, 2016, however licence has not been renewed. Accordingly the Petitioners have approached this Court by filing the present Writ Petition for a direction to the Opposite Parties to take a decision keeping in view the letter dated 04.03.2023 under Annexure-3 as expeditiously as possible.
5. Learned Additional Standing Counsel on the other hand // 3 // submitted that the Petitioners have not been allotted kerosene quota since April, 2023 as the license issued in favour of the Fair Price Shops Dealers are due for renewal with effect from April, 2023 for the next financial year. So far as the Petitioners are concerned, learned Additional Standing Counsel contended that probably the same is under consideration and the authority have not taken any final decision on the renewal application of the Petitioners. In such view of the matter, learned Additional Standing Counsel submitted that the Writ Petition be disposed of by directing the Opposite Party No.3 to take a decision on the renewal application of the Petitioners which are stated to be pending before him in accordance with law and in view of OPDS(Control) Order, 2016 within a stipulated period of time.
6. Considering the submissions made by the learned counsel appearing for the respective parties, keeping in view the background facts of the present case as well as the letter under Annexure-3, this Court deems it proper to direct the Opposite Party No.3 to take a final decision on the renewal application of the Petitioners within a period of four weeks from the date of communication of the order. It is made clear that if the authority decides to renew the license of the Petitioners, then necessary arrangement be made to allot kerosene quota for the month of August, 2023 and subsequent month as per practice.
7. With the aforesaid observation/direction the Writ Petition stands disposed of.
( A.K. Mohapatra, ) Judge Anil Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 10-Aug-2023 18:15:54