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1989 Supreme(Gau) 106

S.N.PHUKAN, B.P.SARAF
Jiban Chandra Deka, Bjjay Lakshmi Mahanta and Jahur Ali – Appellant
Versus
Deputy Commissioner, Kamrup – Respondent


Advocates Appeared:
A.B.Choudhary, A.Sharma, B.Dutta

S. N. Phukan, J.-By this common judgment and order we propose to dispose of Civil Rule Nos. 645, 646 and 1196 of 1982.

2. Licenses of all the petitioners granted in terms of the provisions of Assam Food-stuff (Distribution) Control Order, 1958 for short the Order as retailer of fair-price shops were cancelled by invoking provisions of para 2 -A of the aforesaid Order on the ground that on 15. 6. 82 petitioners did not keep their shops open.

3. On 15. 6. 82 normal work, business and movement were disrupted in the City of Gauhati on account of a call for 'Bundh' given by the leaders of the Assam Movement. It is stated that petitioners went to their shops and made all possible endeavour to open their shops on that day but could not do so due to physical obstruction given by the picketers. Show cause notices were issued on the petitioners for keeping their shops closed and on cause being shown the impugned orders were passed revoking the appointment of petiti­oners as 'appointed retailer'. On perusal of the impugned order it appears that the Deputy Commissioner, Kamrup at Gauhati passed the order for violation of paragraph 22-A of the Order.

4. We have heard Mr. A. Sarma, learned senior c











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