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2023 Supreme(Gau) 231

MANISH CHOUDHURY
Saha Alom Laskar, Fair Price Shop Dealer [Licence No. 2645] C/o The Secretary, M/s Mongalpur-Bowalihawar Cooperative Society Ltd. Cachar, Silchar – Appellant
Versus
State of Assam To be Represented by the Commissioner and Secretary To the Government of Assam, Food and Civil Supplies and Consumers Affairs Department, Dispur, Guwahati – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. A.M. Barbhuiya, Advocate
For the Respondent:Mr. N. Goswami, Junior Government Advocate, Assam

JUDGMENT AND ORDER :

The petitioner has instituted this writ petition under Article 226 of the Constitution of India assailing an order dated 10.11.2022 passed by the respondent no. 3 whereby the Retail Licence bearing no. 2645 issued to the petitioner earlier as a retail licensee to operate a Fair Price Shop [FPS] has been cancelled. By the impugned order dated 10.11.2022, the respondent no. 3 as the Licensing Authority, in exercise of the power conferred by Clause 15[2] of the Assam Public Distribution of Articles Order, 1982 [‘the APDA Order, 1982’, for short], has cancelled the aforesaid retail licence issued to the petitioner and the beneficiaries tagged with the Fair Price Shop [FPS] of the petitioner are allowed to continue with another Fair Price Shop [FPS] owned by one Sri Eyam Uddin Mazumder.

2. It is the case of the petitioner that he was issued a retail licence bearing no. 2645 and FPS Code no. 1316001011600 under the APDA Order, 1982 to operate a Fair Price Shop [FPS] under a registered cooperative society viz. M/s Mongalpur Boalihawar Cooperative Society Ltd., Cachar. The petitioner used to operate his Fair Price Shop [FPS] at Village – Dakshin Mohanpur Part-V. Earlier,

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