The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.15189 of 2024 Tapan Kumar Behera …. Petitioner Mr. A.K. Biswal, Advocate State of Odisha & anr. …. Opposite Parties -versus- Mr. S.P. Das, ASC CORAM: JUSTICE SANJAY KUMAR MISHRA Order No. 08. This matter is taken up through hybrid mode.
Decision
ORDER 01.07.2025 2. Heard learned Counsel for the Petitioner, who files written notes of submission in the Court after handing over copy of the same to the learned State Counsel so also learned Counsel for the State. The same be kept on record. 3. The present writ petition has been filed by the Petitioner challenging the letter dated 19.06.2024 as at Annexure-4, issued by the Sub-Collector (Sadar), Bhadrak (O.P.No.3). In view of death of the father of the Petitioner, who was the licensee retailer to deal with and distribute PDS commodities for Dolasahi Centre under Dolasahi GP, vide the said communication, the tagging proposal submitted by the BDO, Tihidi for distribution of PDS commodities was approved by the Sub-Collector (Sadar), Bhadrak. A further prayer has been made to direct the Opposite Parties to issue license in favour of the Petitioner, in place of his late father in terms of representation dated 18.06.2024 given by him as at Annexure-3. 4. A Counter has been filed by the State opposing to such prayer on the ground that the Petitioner has no locus standi to pray so and in the meantime, after death of father of the Petitioner, vide revised Office Order dated 01.07.2024, the tagging proposal submitted by BDO, Tihidi vide letter dated 28.06.2024 in favour of the Matrushakti WSHG (FPS Code No.0407W075) of Aliabindha GP under Tihidi block has been approved for smooth distribution of PDS commodities. 5. A Rejoinder Affidavit has been filed by the Petitioner in response to the Counter Affidavit filed by the State stating therein that in other districts as well as in the district of Bhadrak, the Opposite Parties have considered to appoint the sons of the deceased retailers as PDS retailer in the same place by considering their applications, where as the Petitioner has been deprived from such prayer without any valid reason. 6. This Court , while directing the learned Counsel for the State to take instruction, vide order dated 28.06.2024 made it clear that pendency of the writ petition shall not be a bar for the authority concerned to consider the representation of the Petitioner dated 18.06.2024 as at Annexure-3 in accordance with law. Page 2 of 5 7. Learned Counsel for the Petitioner submits, being so observed, as is revealed from the letter dated 27.06.2024, as at Annexure-D/1 to the Counter filed by the State, the Sub-Collector, Bhadrak rejected the said representation of the Petitioner on the ground that his request vide letter dated 18.06.2024 for change of ownership of FPS license of the deceased retailer Bhagaban Behera (FPS Code-0407P083) of Dolasahi GP is not possible at all, as because the said license is not transferable and such request is not permissible in terms of prevailing guidelines of the State Government . 8. Learned Counsel for the Petitioner further submits, though the Petitioner came to know about such communication on receiving the Counter filed by the State, the said letter dated 27.06.2024 is yet to be communicated to the Petitioner. 9. Per contra, learned State Counsel submits, vide the said representation dated 18.06.2024, the Petitioner had prayed for change of the ownership, instead of approaching the authority concerned to consider his case as a fresh licensee to deal with PDS commodities for the Dolasahi Centre under Dolasahi GP. As the Petitioner prayed for change of ownership of FPS license in place of his deceased father namely, Bhagaban Behera (FPS Code-0407P083), his representation was rightly turned down by the Sub- Collector, Bhadrak. If the Petitioner was so willing, he Page 3 of 5 should have applied afresh to the authority concerned to consider his case as the FPS licensee for the Dolasahi Centre under Dolasahi GP. 10. As is revealed from the prayer made in the writ petition, apart from praying to quash the letter dated 19.06.2024 issued by the Sub-Collector (Sadar), Bhadrak, the Petitioner has prayed for a direction to the authority concerned to change the name in the license issued in name of his father by transferring the same to his name in place of his late father. Hence, this Court is of the view that the Petitioner’s prayer in the writ petition is misconceived and was rightly turn down by the authority concerned referring to the guidelines for issuance of FPS license. 11. Since for the smooth distribution of PDS commodities, pursuant to proposal given by the BDO, Tihidi, the tagging proposal has been accepted vide letter dated 12.03.2020 as at Annexure-A/1 and it has been tagged in favour of Matrushakti WSHG of Paliabindha GP under Tihidi Block, this Court is not inclined to interfere with the impugned letter dated 19.06.2024, as at Annexure-4. 12. However, in view of the specific stand taken in Para 6 of the Rejoinder Affidavit that the Opposite Parties have considered to appoint/engage sons of the deceased retailers as PDS retailer in the same place by considering their application, the writ petition stands disposed of giving liberty to the Petitioner to apply to Page 4 of 5 the Licensing Authority i.e. the Sub-Collector, Bhadrak in a prescribed form, if any, to be appointed/ engaged as retailer, so far as Dolasahi Centre under Dolasahi GP is concerned. 13. It is made clear that if the Petitioner applies to the licensing authority for issuance of FPS license for his engagement as PDS Retailer, so far as Dolasahi Centre, under Dolasahi GP within two weeks’ hence and it is found that similarly placed persons have been issued with FPS license to deal with PDS distribution after death of their fathers, the Petitioner’s application may be considered sympathetically by the Sub- Collector, Bhadrak. The Sub-Collector, Bhadrak shall do well to consider the said application and communicate the outcome of such application within two weeks from the date of receipt of such application. 14. With the said observation and direction, the writ petition stands disposed of. 15. Urgent certified copy of this order be granted on proper application as per rules. JUDGE (S.K. MISHRA) Banita Signature Not Verified Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: SR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, CUTTACK Date: 02-Jul-2025 16:22:54 Page 5 of 5