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ARUN DEV CHOUDHURY
Moinul Huda Laskar, S/O Lt. Mosaid Ali Laskar – Appellant
Versus
State of Assam And Represented By Its Commissioner and Secretary To The Govt. of Assam, Registration Department – Respondent
JUDGMENT :
Heard Mr. R. Sharma, learned counsel for the petitioners. Also heard Mr. N. Goswami, learned Government Advocate, Assam representing the State respondents and Mr. R. Borpujari, learned Standing Counsel for the Finance Department.
2. The three petitioners, who are licensed stamp vendor under the Treasury Officer, Hailakandi and under Sub Divisional Officer (Sadar), Hailakandi, had assailed the order dated 03.12.2021, whereby, the Deputy Commissioner, Hailakandi, i.e. the respondent No. 3 had cancelled the licenses issued in favour of the petitioners on the ground that they sold stamp papers over and above the actual price.
3. The case of the petitioners is that the petitioners were issued Vendor Licenses by District Registrar and Additional Deputy Commissioner, Hailakandi for selling stamp paper. The petitioner No. 1 was issued vendor license on 29.11.1997 vide license No. HRC.20/95/202, the petitioner No. 2 was issued Vendor License on 25.09.2008 vide license No. HRC.12/2005/365 and the petitioner No. 3 was issued Vendor License on 09.07.2004 vide license No. HRC.13/99/248.
4. The petitioner further contends that their licenses were duly renewed from time to time and the sam
Point of Law : Cancellation of license – Sale of stamp papers over and above the actual price - Cancellation of license of the petitioners by way of the impugned order is violative of principles of n....
Administrative decisions affecting rights must be fair, transparent, and non-arbitrary, in line with legal principles.
Clerical errors in official records should not lead to severe penalties, especially when no harm is caused to any party.
Fair price shop licenses cannot be cancelled without conducting a proper inquiry and adhering to principles of natural justice, including providing a show cause notice and opportunity to respond.
The court affirmed that a licensee does not possess a fundamental right to operate a fair price shop and that the inquiry process regarding license cancellation is summary in nature, aligning with pr....
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