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2023 Supreme(Gau) 225

MANISH CHOUDHURY
Md. Kashim Ali – Appellant
Versus
State of Assam Represented by the Commissioner & Secretary To The Government of Assam, Agricultural Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. A. Mobaraque, Advocate
For the Respondent: Mr. B. Choudhury, learned Standing Counsel, Mr. B.J. Talukdar, learned State Counsel

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 ot

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