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DEVASHIS BARUAH
Ramkrishna Das, S/o- Lt. Rajendra Das – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. A.K. Hussain, the learned counsel for the petitioner in both the writ petitions. I have also heard Mr. B.Deuri, learned Junior Government Advocate appearing on behalf of the Respondent Nos. 1, 2 and 3 in both the writ petitions. Mr. R. Islam, the learned counsel appears on behalf of the Respondent No. 4 and 5 and Mr. Santanu Kumar Das, learned counsel appears on behalf of the Respondent No. 6 in W.P.(C) No. 3543/2020 and Mr. A.A.R. Karim, learned counsel appears on behalf of the Respondent No. 6 in W.P. (C) No. 3690/2020.
2. In both the writ petitions, as the facts and issue of law being similar, the same are taken up for disposal by the instant common judgment and order.
W.P. (C) No. 3543/2020
3. In the instant writ petition, the petitioner is a license holder of a fair price shop at village Dhuturamari under M/S Tamarhat Samabay Samity Ltd. in the district of Dhubri, Assam. The petitioner’s license No. is GSM-39/92/PD-IV/G/TH/R-18 dated 23/11/1992. It is the case of the petitioner that the petitioner has household consumers totaling to 1523 out of which 32 nu
Harm or the pecuniary loss which would be occasioned to the petitioners cannot be regarded as wrongful in the eye of law because it does not result in an injury to a legal right or a legally protecte....
A person must demonstrate a legal grievance to maintain a writ petition; mere disappointment does not confer locus standi.
The main legal point established in the judgment is that a complainant, as a person annoyed, does not have the legal right to challenge a decision and is only entitled to participate in the inquiry p....
The subsequent allottee has the right to hold the shop only if the original licensee's license is cancelled. Procedural compliance and consideration of documentary evidence over oral statements are c....
The establishment of fair price shops is a policy decision by the State, and existing shop holders have no legal rights to oppose new shops based on prior guidelines.
The main legal point established in the judgment is that the licensee of a fair price shop is required to strictly adhere to the terms and conditions of the license and the provisions of the Control ....
Licensing Authority must provide specific reasons in cancellation orders; non-speaking orders violate principles of natural justice and are unsustainable in law.
Existing fair price shop licenses remain effective unless legally challenged, emphasizing that administrative errors cannot impede lawful license holders.
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