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2008 Supreme(Gau) 286

H.N.SARMA
Barpeta Mahakuma Sarkarisulav Mullyar Dokanisantha – Appellant
Versus
State of Assam and Ors. – Respondent


Advocates Appeared:
A.M.Mazumdar, S.Sarma

1. The petitioner is a society registered under the Societies Registration Act, 1860 comprising holders of fair price shop licence under Barpeta Sub-division in the District of Barpeta represented by its Secretary.

2. The grievance of the petitioner-association as projected in this writ petition is that the civil supply authorities have undertaken the process to issue new fair price shop licence under the provision of Assam Public Distribution of Articles Order, 1982 in violation of the established norms and procedures thereby reducing their chances of profit in the business who are existing licensee of fair price shop.

3. I have heard Mr. S. Sarma learned counsel for the petitioner, learned State counsel appearing for the official respondents and Mr. A.M. Mazumdar, learned senior counsel appearing for the respondent Nos. 8 to 11.

4. The pleaded case of the petitioner-association, inter alia, is that they are the existing licensee under the Assam Public Distribution of Articles Order, 1982 by the civil supply authorities. There is a set of guidelines for issuing such hence and such guideline was issued by the Government on 17.6.1993 wherein it was provided that the fair price shops ar














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