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2022 Supreme(Gau) 211

MANISH CHOUDHURY
Nurul Islam Laskar, S/o Late Abdul Mannaf Laskar – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. M.A. Choudhury, Advocate.
For the Respondent:Mr. K. Goswami, Mr. H.I. Choudhury, Advocate

JUDGMENT :

This writ petition under Article 226 of the Constitution of India has been preferred by the petitioner challenging an order dated 05.01.2015 passed by the respondent no. 2 i.e. the Deputy Commissioner, Hailakandi whereby an earlier order dated 31.12.2014 passed by the respondent no. 2 has been kept in abeyance until further orders. Both the orders are relatable to lifting of S.K. Oil under the Public Distribution System [PDS].

2. The petitioner is a Sub-Wholeseller of S.K. Oil for which he has been granted a license under the Assam Public Distribution of Articles Order, 1982 [‘the Articles Order’, for short]. The said license has been renewed from time to time. The license has permitted the petitioner to operate as a Sub-Wholeseller to carry on the business of Sub-Wholeseller of the notified article [S.K. Oil] in his area of operation : Village – Algapur-V. On the other hand, the respondent is a Co-operative society registered under the provisions of the Assam Co-operative Societies Act, 1949/2007. The area of operation of the respondent no. 3 is also Village -Algapur-V.

3. The petitioner also has a licence to import and store Petroleum Class B products which includes S.K.

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