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2017 Supreme(Gau) 742

A.K.GOSWAMI
Md. Sirajul Islam, Son of Late Ayub Ali – Appellant
Versus
State of Assam, represented by the Commissioner & Secretary to the Government of Assam, Food and Civil Supply & Consumer Affairs – Respondent


Advocates Appeared:
For the Petitioner:Mr. H. Gupta, Advocate.
For the Respondent:Mr. T.C. Chutia, Government Advocate.

JUDGMENT AND ORDER :

Arup Kumar Goswami, J.

Heard Mr. H. Gupta, learned counsel for the petitioners. Also heard Mr. T.C. Chutia, learned State counsel, appearing for all the respondents in both the writ petitions.

2. The petitioner is a licensee under the Assam Public Distribution of Articles Order, 1982 (for short, "1982 Order") and operating under M/s. Lawkhowa Gaon Panchayat Samabai Samittee (GPSS). The licence of the petitioner was suspended by an order dated 12.09.2016 issued by the Additional Deputy Commissioner, Nagaon in exercise of powers conferred under Clauses 15(1) and 15(2) of the 1982 Order for alleged violation of Clauses 9, 19 and 20 of the said Order. It appears from the said order that superior kerosene oil (quantity not mentioned) was seized as unclaimed property for violation of the provisions of Clause 31(D) and 20 of the 1982 Order as well as for violation of the condition Nos.7, 8(1) and (2) of the Order.

3. The consumers of the Fair Price Shop of the petitioner were tagged with the Fair Price Shop of Md. Fazlur Rahman. Subsequently, by order dated 14.09.2016, in partial modification of the earlier order, consumers were tagged with the Fair Price Shop of one Must

























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