Orissa High Court
2 18.01.2021 This Matter Is Taken ... vs Government Advocate on 18 January, 2021
W.P.(C) No. 36937 of 2020
02 18.01.2021 This matter is taken up through video
conferencing.
Heard Mr. R.K. Acharya, learned counsel for the
petitioner and Mr. R.P. Mohapatra, learned Addl.
Government Advocate.
The petitioner has filed this writ petition seeking
direction to opposite party no.2 to recall the order of
cancellation of his stamp vendor licence under Annexure-3
and further seeks direction to renew his stamp vendor
licence on the basis of judgment of acquittal passed in G.R.
Case No. 283 of 2007 and G.R. Case No. 80 of 2008 with
immediate effect.
Mr. R.K. Acharya, learned counsel for the
petitioner contended that the petitioner is a physically
handicapped person and surviving on the basis of the
stamp vendor license granted in his favour, but due to
involvement in criminal cases, his license was suspended
under Rule 21(3) of Orissa Supply and Sale of Stamps &
Stamped Papers Rules, 1990 till disposal of the case in
judicial Court under Annexure-2. But in the meantime, the
said license was cancelled. Now the petitioner has been
acquitted from the criminal charges. After acquittal,
though he has moved an application for withdrawal of
cancellation of the license, the same has been rejected in
Annexure-7, therefore, he has approached this Court by
filing this application.
Mr. R.P. Mohapatra, learned Addl. Government
Advocate contended that once the petitioner has been
2
involved in criminal cases and his license was cancelled,
the question of recalling the cancellation order, there is no
such provision under the Act. Thereby, the action so taken
by the authority is justified. It is further contended that
since there are sufficient stamp vendors are available and
no vacant place is there, the petitioner's license was
cancelled and if further requirement of appointment of
stamp vendor will arise in future, the same shall be filled
up through proper advertisement and the petitioner may
apply at that time.
Having heard learned counsel for the parties and
after going through the records, since the petitioner's
license has been cancelled there is no question of recalling
the said order and there is no such provision under the
law.
In course of hearing, learned counsel for the
petitioner wants to withdraw this writ petition with liberty
to approach the appropriate forum.
With the liberty aforesaid, the writ petition stands
disposed of as withdrawn.
As the restrictions due to the COVID-19 situation
are continuing, learned counsel for the parties may utilize
the soft copy of this order available in the High Court's
website or print out thereof at par with certified copies in
the manner prescribed, vide Court's Notice No.4587, dated
25th March, 2020.
...............................
(DR. B.R. SARANGI)
Ajaya
JUDGE
