JUDGMENT :

By instituting the writ petition under Article 226 of the Constitution of India, the petitioner has inter alia challenged an order dated 22.12.2022 passed by the respondent no. 3 i.e. the District Agricultural Officer, Kamrup whereby the respondent no. 3 had suspended the petitioner’s Fertiliser Retail Licence no. SDAO/RANG/FERT-RT-R/2021/01325 temporarily with immediate effect and until further.

2. In view of the nature of issue raised in the writ petition and as agreed to by the learned counsel for the parties, the writ petition is taken up for disposal at the stage of motion itself.

3. The factual matrix of the case, in brief, is that the petitioner is the proprietor of M/s Kamrup Beej Bhandar and to run his business in fertilisers, he has been granted a Retail Fertiliser Licence bearing no. SDAO/RANG/FERT-RT-R/2021/01325 by the respondent Agriculture Department, which had a validity up-to 16.06.2026. In order to carry out his business, the petitioner after obtaining a trade licence from Rangia Municipal Board, had been running a shop in the name and style of M/s Kamrup Beej Bhandar, located at Pragati Chowk, Murara at Rangia. He used to deal in fertilisers along with other agriculture related products like pesticides, vitamins, agriculture equipments and allied products, from his shop.

3.1. On 17.12.2022, an inspection was carried out at the shop of the petitioner by a team of officials from the Rangia Civil Administration. After the inspection, a First Information Report [FIR] came to be lodged before the Officer In-Charge, Rangia Police Station by the Agriculture Development Officer, Nakul with allegations inter alia that when the inspection was carried out, it was found that the son of the petitioner was operating the shop and he was selling urea which is a subsidized commodity, at a much higher price of Rs.450/-per bag instead of Rs.265/-per bag, the price at which such subsidized urea was to be sold. On receipt of the FIR, the same has been registered as Rangia Police Station Case no. 761/2022 under Sections 120B/420, Indian Penal Code r/w Section 7 of the Essential Commodities Act, 1955 on 18.12.2022. In the course of investigation, the son of the petitioner viz. Moidul Islam was arrested and after being arrested, he was produced before the Court of learned Sub-Divisional Judicial Magistrate [M], Rangia on 19.12.2022. The son of the petitioner was thereafter, released on bail on 26.12.2022 by the Court of learned Sub-Divisional Judicial Magistrate [M], Rangia.

3.2. The team of officials from Rangia Civil Administration had also sealed the shop of the petitioner temporarily after the inspection on 17.12.2022. Simultaneously with the registration of the case, Rangia Police Station Case no. 761/2022 [G.R. Case no. 1398/2022], the respondent no. 3 passed the impugned order bearing no. DAO [K]/Tech-139/Fert. Enq./2020-21/3112 dated 22.12.2022, whereby, the Retail Fertiliser Licence bearing no. SDAO/RANG/FERT-RT-R/2021/01325 of the petitioner had been temporarily suspended with immediate effect until further order.

3.3. The order of temporary suspension dated 22.12.2022 was also accompanied by a show cause notice dated 22.12.2022 whereby the petitioner was called upon to submit his written explanation and to show cause as to why the petitioners’ Retail Fertiliser Licence should not be cancelled. On being granted 7 [seven] days’ time to file his written explanation and reply to the show cause notice, the petitioner stated to have submitted his reply before the respondent no. 3 on 28.12.2022.

3.4. Aggrieved by the temporary suspension of his Retail Fertiliser Licence and sealing of the shop, the petitioner had approached the Court of learned Sub-Divisional Judicial Magistrate [M], Rangia by preferring an application with a prayer for a direction to the respondent no. 3 to allow him to re-open the shop as the respondent no. 3 while suspending the Retail Fertiliser Licence of the petitioner vide order dated 22.12.2022, had