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2025 DAILYLAW 9268 (ORI)

AKHAYA KUMAR PANDA v. STATE OF ODISHA

WP(C)/3654/2025 · 2025-09-10

Sanjay Kumar Mishra

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.3654 of 2025 Akhaya Kumar panda …. Petitioner Mr. R.K. Nayak, Advocate -versus- State of Orissa & ors. …. Opposite Parties Mrs. U. Padhi, ASC CORAM: JUSTICE SANJAY KUMAR MISHRA Order No. ORDER 10.09.2025 07. This matter is taken up through hybrid mode. 2. This writ petition has been preferred by the Petitioner, who claims himself to be PDS Retailer/ Wholesaler of PDS Commodities vide FPS Code No.1301P112, Tally Register No.34/2022-23, with a prayer to direct the Opposite Parties to dispose of his representation, allegedly submitted before the Collector, Jajpur (O.P. No.1) on 24.12.2024, which is pending. 3. Since there is no disclosure in the writ petition as to the mode of communication of such representation, on being directed by this Court, learned State Counsel prayed for an adjournment to ascertain the correctness of such submission made in the writ petition. But till date learned State Counsel has failed to obtain instruction in the said regard. Today also learned Counsel for the State again prays for further time to take instruction in terms of order dated 16.07.2025. 4. However, in the meantime, a Memo has been filed by the learned Counsel for the Petitioner that pursuant to order dated 16.07.2025 of this Court, he personally went to the Office of the Collector, Jajpur on 22.07.2025 and handed over a copy of the writ petition along with the said order dated 16.07.2025, which were duly acknowledged by the office of the Collector, Jajpur. 5. However, as the grievance of the Petitioner is regarding suspension of his FPS license, which is appealable under Clause 19(1) of OPDS (Control) Order, 2016, the writ petition stands disposed of giving liberty to the Petitioner to prefer an Appeal before the Collector, Jajpur in terms of the said provision within a period of two weeks hence along with an application for condonation of delay. 6. It is made clear that if such an Appeal is preferred along with an application for condonation of delay, the Collector, Jajpur (O.P. No.1) shall do well to condone the delay and dispose of the said Appeal in accordance with law, giving due opportunity to the Petitioner. 7. Urgent certified copy of this order be granted on proper application as per rules. Banita (S.K. MISHRA) JUDGE Designation: SR. STENOGRAPHER