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2023 Supreme(Gau) 129

IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Sandeep Mehta, Soumitra Saikia, JJ.
Stamp Vendors Association and ors. - Appellants
Versus
The State of Assam, Represented by the Secretary to the Government of Assam, Registration Department and ors. – Respondents
Writ Appeal No.69 of 2022
Decided On : 06-04-2023

Advocates:
Advocate Appeared:
For the Appellant :Mr. B.C. Das, Senior Advocate, Ms. I. Das, Advocate.
For the Respondent:Mr. R.K. Borah, Additional Senior Government Advocate, Assam

Headnote:

Constitution of India, 1950 – Article 226 – Writ appeal is directed against judgment & order passed by learned Single Judge in WP(C) whereby, writ petition filed by Stamp Vendors Association was dismissed. Being aggrieved, present writ appeal has been filed – Held, In facts and circumstances of the present proceedings, appellant association have not been able to demonstrate that it has any legally enforceable right, non-implementation of which has affected its rights and privileges guaranteed under any statute or law as such – Issuance of licence to persons who are not members of appellant associations cannot be said to have affected any rights of members of appellant association in facts and circumstance of present proceedings – Court find no reason to disagree with views and conclusions reached by learned Single Judge – Court agree with findings and conclusions reached by learned Single Judge that petitioner/ appellant Association cannot be considered to be a person aggrieved in respect of licenses being granted/issued to the private respondents as Stamp Vendors – Writ appeal dismissed.

JUDGMENT :

Soumitra Saikia, J.

Heard Mr. B.K. Das, learned senior counsel, assisted by Ms. I. Das, learned counsel appearing for the appellants. Also heard Mr. R.K. Borah, learned Additional Senior Government Advocate, Assam, appearing for the respondents No.1 to 4.

2. This writ appeal is directed against the judgment & order dated 25.01.2022 passed by the learned Single Judge in WP(C) No.4612/2017 whereby, the writ petition filed by the Stamp Vendors Association was dismissed. Being aggrieved, the present writ appeal has been filed.

3. The appellant No.1 is a registered Association of Licensed Stamp Vendors in the District of Dhubri in Assam. The Association comprised of 39 numbers of Stamp Vendors, out of which 12 Vendors are operating at the Dhubri Court Campus; 6 Vendors are operating at the Sub- Registrars Office, Dhubri; 11 Vendors are operating at the Campus of Sub-Divisional Officer (Civil), Bilasipara; 4 Vendors are operating at Golakganj Sub-Registrar’s Office and 1 Vendor each at Agomoni Circle; Bilasipara Civil; SRO, Bilasipara; South Salmara and Hatsingimari. The appellants No.2 and 3 are the President and Secretary, respectively, of the appellant No.1 Association. The appellant Association on 29.06.2006 submitted a representation before the Deputy Commissioner, Dhubri, i.e. the respondent No.3, seeking increase of the discount/commission and requesting for stoppage of indiscriminate grant of license to other persons so that the existing Vendors can carry their business smoothly and earn a moderate income to maintain their family.

4. The then Deputy Commissioner, Dhubri, on the basis of the representation submitted by the appellant Association directed the Land Settlement Section not to take any initiative to issue new Vendor licenses but no action thereafter was taken. During the tenure of the new incumbent to the Office of the Deputy Commissioner, Dhubri, some more Vendor licenses were issued. Being aggrieved, the appellant Association filed another representation dated 08.01.2014 before the Deputy Commissioner, Dhubri with a request not to issue more licenses. Thereafter meetings were held between the members of the appellant Association, the Deputy Commissioner and other officials of the State. However, inspite of assurances given by the Deputy Commissioner, Dhubri (respondent no.3), fresh licenses were issued to the private respondents.

5. Being aggrieved, a writ petition being WP(C) No.681/2014 was filed before this Court seeking a direction to the respondent No.3 not to give effect to the fresh licenses granted to various persons and/or to refrain from issuing Vendor Code numbers. This Court by order dated 12.02.2014 disposed of the said writ petition with a direction to the respondent No.3 to take on record the representation dated 08.01.2014 submitted before him by the appellant Association and thereafter to dispose of the same after hearing all parties as expeditiously as possible. It was further directed that issuance of Vendor Code numbers to the private respondents in the said writ petition shall be subject to the outcome of the exercise to be carried out in terms of the order.

6. However, inspite of the directions issued by this Court vide order dated 12.02.2014 passed in WP(C) No.681/2014 and the grievances ventilated by the appellant Association before the respondent No.3, order dated 31.05.2014 came to be issued. By the said order, the respondent No.3 justified the issuance of fresh licenses to some other persons as they were found to be very needy and genuine persons who were unemployed and unable to find any source of livelihood. It is also stated in the said order that the grievances of the members of the appellant Association were found to be not plausible as the licensing authority issued such licenses in the larger interest of the society and the grievances of the appellant Association will be given due reconsideration in the event of any such application for grant of Vendor Licneses are considered

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