M/S Odisha Aqua Traders And Marine Exporters Pvt. Ltd. v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.12357 of 2022 M/s. Odisha Aqua Traders & Marine Exporters Private Limited ....

Petitioner Mr. P.K.Rath, Advocate -versusState of Orissa & others ....

Opposite parties Mr.H.M.Dhal, Addl. Government Advocate

CORAM:

JUSTICE BISWAJIT MOHANTY JUSTICE BIRAJA PRASANNA SATAPATHY Order No.

ORDER

20.05.2022 02.

1.

Heard Mr.P.K.Rath, learned counsel for the petitioners and Mr.H.M.Dhal, learned Addl. Government Advocate.

2.

Mr.Rath, learned counsel for the petitioners submits that the show cause notice dated 22.3.2022 (Annexure-22) issued by the Director of Fisheries Department (opposite party No.3) should be interfered with by this Court as the same is a product of arbitrary exercise of power. 3.

Since the authority has issued a show cause notice, we are not inclined to interfere with the same. However, we permit the petitioner to file a detailed reply to the said show cause notice within a period of two weeks along with a copy of this order. In the event such a reply is filed, the opposite party no.3 is directed to take a decision on the same in accordance with law within a period of six weeks from the date of receiving of such show cause reply after giving opportunity of hearing to the petitioner. Till a decision is

// 2 // taken on the show cause reply, no coercive action shall be taken against the petitioner.

4.

The writ petition is accordingly disposed of. 5.

Urgent certified copy of the order be granted on proper application.

Kishore (Biswajit Mohanty) Judge (Biraja Prasanna Satapathy) Judge